- 9 - Petitioners attended horseraces, watched their horses race, and gambled on horses at various times. During the years at issue, petitioners filed their tax returns after the due date for each year. Petitioners filed their tax returns for the tax years 1987, 1988, and 1989 on August 23, 1991, and their tax return for the tax year 1990 on June 19, 1992. On March 15, 1993, respondent mailed petitioners a notice of deficiency for each of the taxable years 1987, 1988, 1989, and 1990. OPINION The first issue we must decide is whether petitioners' horse racing and breeding operation was an activity "not engaged in for profit" as defined in section 183. Section 183(a) provides generally that no deduction attributable to an activity which is not engaged in for profit is allowed except as provided in section 183(b). Section 183(b)(1) allows those deductions which are otherwise allowable regardless of profit objective. Section 183(b)(2) allows those deductions which would be allowable if the activity were engaged in for profit, but only to the extent that gross income attributable to the activity exceeds the deductions permitted by section 183(b)(1). Section 183(c) defines "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."Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011