Joyce E. Hastings - Page 12




                                        - 12 -                                         

          This terminology is defined in section 183(c) as “any activity               
          other than one with respect to which deductions are allowable for            
          the taxable year under section 162 [trade or business] or under              
          paragraph (1) or (2) of section 212 [expenses incurred for the               
          production of income].”  Section 183(b) permits deductions that              
          would be allowable only if the activity were engaged in for                  
          profit, but such deductions may be taken only to the extent that             
          any gross income generated from the activity exceeds deductions              
          that are not dependent upon a profit objective (e.g., State and              
          local taxes under section 164).                                              
               Although a reasonable expectation of profit is not required,            
          the facts and circumstances must indicate that the taxpayer                  
          entered into the activity or continued the activity with the                 
          actual and honest objective of making a profit.  See Keanini v.              
          Commissioner, 94 T.C. 41, 46 (1990); Dreicer v. Commissioner, 78             
          T.C. 642, 645 (1982), affd. without opinion 702 F.2d 1205 (D.C.              
          Cir. 1983); sec. 1.183-2(a), Income Tax Regs.  In making this                
          determination, more weight is accorded to objective facts than to            
          the taxpayer’s statement of intent.  See Engdahl v. Commissioner,            
          72 T.C. 659, 666 (1979); sec. 1.183-2(a), Income Tax Regs.                   
          Petitioner bears the burden of proving that she possessed the                
          required profit objective.  See Rule 142(a); Dreicer v.                      
          Commissioner, supra; Golanty v. Commissioner, 72 T.C. 411, 426               







Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011