5 Petitioner claimed a loss in the amount of $10,563 from this activity. On his 1993 return, petitioner reported gross receipts of $1,350, less deductions in the amount of $14,891, for a loss of $13,541 from this activity. For 1994, petitioner claimed a loss of $14,329 from tournament fishing resulting from gross receipts in the amount of $2,100, less expenses of $16,429. In the notice of deficiency, respondent disallowed petitioner's claimed losses from tournament fishing for each of the years in issue because petitioner had not established that he was involved in the activity for profit, and, thus, the limitation of section 183 applied. As a computational result of these adjustments, respondent disallowed a portion of petitioner's itemized deductions in the amounts of $1,003, $1,286, and $642 for 1992, 1993, and 1994, respectively. Respondent's determinations are presumed correct, and petitioner bears the burden of proving them erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 183 generally limits allowable deductions attributable to an activity to the extent of gross income from that activity if the taxpayer engages in such activity without the objective of profit. 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." WhetherPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011