James L. Sullivan and Dorothy B. Sullivan - Page 11

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          petitioners were not engaged in their horse-related activities              
          for profit within the meaning of section 183(a) and disallowed              
          the loss for 1992.                                                          
                                       OPINION                                        
               The issue to be resolved is whether petitioners' horse-                
          related activities4 constituted an "activity not engaged in for             
          profit" within the meaning of section 183.  Section 183(a)                  
          generally disallows a deduction for activities not engaged in for           
          profit except as provided in section 183(b).  Section 183(b)(1)             
          allows deductions for an activity 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."                          
               Deductions are allowable under section 162 with respect to             
          activities for which the taxpayer has demonstrated that his                 
          "primary purpose for engaging in the activity * * * [was] for               
          income or profit."  Commissioner v. Groetzinger, 480 U.S. 23, 35            

               4 The parties have treated all of petitioners' horse-related           
          activities as a single activity for purposes of sec. 183.  See              
          sec. 1.183-1(d)(1), Income Tax Regs.                                        




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