-15- None of the factors enunciated in section 1.183-2(b), Income Tax Regs., favors petitioners other than the absence of personal pleasure or recreation factor. We conclude, and thus hold, that petitioner’s investment in the FoodSource container was not made with an actual and honest profit objective. Petitioners therefore are not entitled to the depreciation deduction for 1984.10 c. Business Loss Petitioners have the burden of establishing that petitioner sustained a loss in a transaction entered into for profit in 1984. Section 165 provides as follows: SEC. 165. LOSSES. (a) General Rule.--There shall be allowed as a deduction any loss sustained during the taxable year and not compensated for by insurance or otherwise. * * * * * * * (c) Limitation On Losses Of Individuals.-- In the case of an individual, the deduction under subsection (a) shall be limited to-- * * * * * * * (2) losses incurred in any transaction entered into for profit, though not connected with a trade or business, * * * Section 1.165-1(b), Income Tax Regs., provides: “To be allowable as a deduction under section 165(a), a loss must be evidenced by 10 In light of these holdings, we need not determine petitioner’s adjusted basis for purposes of investment tax credit and depreciation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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