- 8 - to deduct his expenditures currently. Respondent contends that petitioner lacked the necessary profit objective. Respondent further contends that even if petitioner engaged in the Windmill Distillery activity for profit, his expenditures were to acquire or improve land or depreciable property and, therefore, petitioner is not entitled to any deduction under section 174. Since we agree with respondent that petitioner did not engage in the activity for profit, we do not reach the question whether petitioner's expenditures were to acquire or improve land or depreciable property. In determining whether an activity is engaged in for profit for purposes of section 174, courts have found it helpful to consider the regulations issued, and cases that have arisen, under section 183. See, e.g., Nickeson v. Commissioner, 962 F.2d 973 (10th Cir. 1992), affg. Brock v. Commissioner, T.C. Memo. 1989-641; Independent Elec. Supply, Inc. v. Commissioner, 781 F.2d 724 (9th Cir. 1986), affg. T.C. Memo. 1984-472. The section 183 cases indicate that whether an individual engages in an activity for profit depends on whether he or she entertains an actual and honest profit objective in engaging in the activity. The taxpayer's expectations do not have to be reasonable or realistic, but simply honest. Burger v. Commissioner, 809 F.2d 355, 358 (7th Cir. 1987), affg. T.C. Memo. 1985-523. Whether a taxpayer conducts an activity with the requisite profit intent rests on the facts of the case. Golanty v. Commissioner, 72 T.C. 411, 426 (1979), affd. without published opinion 647 F.2d 170Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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