- 8 - section 183(b). Where there is no profit objective, section 183(b)(1) allows only deductions which are allowable independent of profit objective, and section 183(b)(2) allows other deductions only to the extent that they do not exceed gross income derived from the activity reduced by the deductions allowable under section 183(b)(1). Any deductions allowable under section 183(b)(1) are to be deducted from adjusted gross income in computing taxable income. Jasionowski v. Commissioner, 66 T.C. 312, 320 (1976). These deductions may be taken only if the taxpayer itemizes his deductions. Rev. Rul. 75-14, 1975-1 C.B. 90. Respondent concedes that petitioners have substantiated their house-related expenses for interest and taxes and has allowed petitioners itemized deductions for the interest and taxes in lieu of the smaller standard deductions claimed by them on their returns. Petitioners' 1991 and 1992 Schedules C showed gross income from their research activity in the amounts of $1,454 and $1,833, respectively. For such taxable years, the itemized deductions, in the amounts of $6,553 and $6,911, respectively, allowed under sections 163, 164, and 183(b)(1), exceed the gross income claimed from petitioners' research activity. Therefore, petitioners are precluded from taking any further deductions for expenses related to such activity even if substantiated. Sec. 183(b)(2). We therefore sustain respondent's determination on this issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011