Rodney W. Taras and Linda K. Taras - Page 11

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                    It is well established that in order to take a                    
               deduction for expenses incurred in carrying out a trade                
               or business the taxpayer must have entered into the                    
               venture with the primary and predominant purpose and                   
               objective of making a profit. See Thomas v.                            
               Commissioner, 792 F.2d 1256, 1259 (4th Cir. 1986);                     
               Tallal v. Commissioner, 778 F.2d 275, 276 (5th Cir.                    
               1985). "Primary" in this context means "of first                       
               importance" or "principally", while "profit" means                     
               economic profit independent of tax savings.  Malat v.                  
               Riddell, 383 U.S. 569, 572 (1966); accord, Surloff v.                  
               Commissioner, 81 T.C. 210, 233 (1983); Seaman v.                       
               Commissioner, 84 T.C. 564, 588 (1985).  * * *[5]                       

          The existence of the requisite profit objective is to be                    
          determined by examining all the facts and circumstances, giving             
          greater weight to objective facts than to the taxpayer's                    
          statement of intent.  Siegel v. Commissioner, 78 T.C. 659, 699              
          (1982); sec. 1.183-2(a) and (b), Income Tax Regs.  Section 1.183-           
          2(b), Income Tax Regs., lists nine nonexclusive factors relevant            
          to the issue of profit objective.6                                          


               5The Supreme Court also addressed the standard to be applied           
          when it stated:  "We accept the fact that to be engaged in a                
          trade or business, the taxpayer must be involved in the activity            
          with continuity and regularity and that the taxpayer's primary              
          purpose for engaging in the activity must be for income or                  
          profit."  Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987).              
               6In order to determine whether, and to what extent, sec. 183           
          and the regulations thereunder apply, the activity or activities            
          of the taxpayer must be ascertained.  Sec. 1.183-1(d)(1), Income            
          Tax Regs.  Generally, the Commissioner will accept the                      
          characterization by the taxpayer of several undertakings as                 
          either a single activity or separate activities.  Id.                       
          Petitioners have treated their horse racing and breeding                    
          operations as one activity, and respondent has accepted this                
          treatment.                                                                  
                                                             (continued...)           




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