Rodney W. Taras and Linda K. Taras - Page 9

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          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."            





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