Deborah Joyce Windisch - Page 9

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          to an activity not engaged in for profit.  Section 183(b)                   
          provides two exceptions to the general rule.  The first, provided           
          by section 183(b)(1), permits deductions that otherwise would be            
          allowable without regard to whether the activity is engaged in              
          for profit; the second, provided by section 183(b)(2), permits              
          deductions that would be allowable if the activity were engaged             
          in for profit to the extent that the gross income from the                  
          activity exceeds the deductions allowable pursuant to section               
          183(b)(1).  Section 183(c) defines an "activity not engaged in              
          for profit" as "any activity other than one with respect to which           
          deductions are allowable for the taxable year under section 162             
          or under paragraph (1) or (2) of section 212."  Petitioner bears            
          the burden of establishing that her photography activity was                
          engaged in for profit.  Rule 142(a).                                        
               In order to carry that burden, a taxpayer must show that he            
          or she had an actual and honest objective of making a profit from           
          the activity.  Dreicer v. Commissioner, 78 T.C. 642, 645 (1982),            
          affd. without opinion 702 F.2d 1205 (D.C. Cir. 1983).  The                  
          taxpayer's expectation, however, need not be a reasonable one.              
          Id. at 644-645; Golanty v. Commissioner, 72 T.C. 411, 425 (1979),           
          affd. without published opinion 647 F.2d 170 (9th Cir. 1981);               
          sec. 1.183-2(a), Income Tax Regs.  The question whether the                 
          requisite intention is present is one of fact and is to be                  
          resolved based on consideration of all relevant circumstances,              
          with greater weight being given to objective factors than to mere           




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