Anthony Ranciato and Lucille Ranciato - Page 3

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                                     Background                                       
               We incorporate herein the facts in Ranciato I and repeat               
          only the facts that are necessary for our discussion.                       
                                     Discussion                                       
               Section 183 limits the deductions for an activity not                  
          entered into for profit.  Sec. 183(b).  Whether an individual               
          engages in an activity for profit depends on whether he or she              
          "[entertains] an actual and honest, even though unreasonable or             
          unrealistic, profit objective in engaging in the activity."                 
          Ranciato v. Commissioner, 52 F.3d at 25 (citations omitted).                
          Whether a taxpayer conducts an activity with the requisite profit           
          intent rests on the facts of the case.  Golanty v. Commissioner,            
          72 T.C. 411, 426 (1979), affd. without published opinion 647 F.2d           
          170 (9th Cir. 1981).  More weight is given to the objective facts           
          than to an individual's subjective expression of his or her                 
          intent.  Sec. 1.183-2(a), Income Tax Regs.  Because respondent              
          determined that petitioner's pet store was an activity not                  
          engaged in for profit, the burden of proof is on petitioner.                
          Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                  
               In deciding whether an activity is engaged in for profit, we           
          are aided by the following nonexclusive factors:  (1) The manner            
          in which the taxpayer carries on the activity; (2) the expertise            
          of the taxpayer or his or her advisor; (3) the time and effort              
          expended by the taxpayer in carrying on the activity; (4) the               






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