- 7 - Section 183(c) defines an 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 or under section 212(1) or (2) only if the taxpayer is engaged in the activity with the "actual and honest objective of making a profit." See Ronnen v. Commissioner, 90 T.C. 74, 91 (1988); Dreicer v. Commissioner, 78 T.C. 642, 645 (1982), affd. without opinion 702 F.2d 1205 (D.C. Cir. 1983). The existence of the requisite profit objective is a question of fact that must be decided on the basis of the entire record. See Benz v. Commissioner, 63 T.C. 375, 382 (1974). The regulations set forth a nonexhaustive list of factors that may be considered in deciding whether a profit objective exists. These factors are: (1) The manner in which the taxpayer carries on the activity; (2) the expertise of the taxpayer or his advisers; (3) the time and effort expended by the taxpayer in 8(...continued) represented interest from bank accounts that may have been maintained in the name of The T.O.E. Co. Accordingly, petitioner did not derive any gross income from his meteorite and pyrite collection activity because there was no "organizational and economic interrelationship" between that activity and the production of interest from bank accounts. See sec. 1.183- 1(d)(1), Income Tax Regs. In other words, petitioner's meteorite and pyrite collection activity and the production of interest from bank accounts were not facets of the same "activity". Therefore, if petitioner's activity were not engaged in for profit, sec. 183(b) would not serve to allow any deductions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011