Dana L. McNaught - Page 6




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                                   1994           1995        1996                    
               Gross receipts      $1,140    $3,895         $336                      
               Cost of goods sold       0     (3,500)       0                         
               Gross profit        1,140     395            336                       
               Show winnings       806          0           0                         
               Gross income        1,946          395       336                       
               Expenses            (36,538)    (36,628)     (38,998)                  
               Net profit (Loss)   (34,592)    (36,233)     (38,662)                  
               In the statutory notices of deficiency, respondent increased           
          petitioner's taxable income for 1994, 1995, and 1996 by $36,538,            
          $40,128, and $38,998, respectively.  Respondent determined that             
          petitioner would be allowed Schedule A miscellaneous itemized               
          deductions for the expenses of her Appaloosa breeding and selling           
          activity to the extent of her gross income, but respondent did              
          not allow any such deductions on the ground that such allowable             
          deductions combined with her other itemized deductions are less             
          than her standard deductions for her respective taxable years.              
               Section 183(a) disallows any deduction attributable to an              
          activity not engaged in for profit, except as provided in section           
          183(b).  Section 183(b)(1) provides that deductions which would             
          be allowable without regard to whether such activity is engaged             
          in for profit are to be allowed.  Section 183(b)(2) further                 
          provides that deductions which would be allowable only if such              
          activity were engaged in for profit are to be allowed, but only             
          to the extent that the gross income derived from such activity              
          for the taxable year exceeds the deductions allowable under                 
          section 183(b)(1).  For purposes of section 183, the term                   
          "activity not engaged in for profit" means any activity other               
          than one with respect to which deductions are allowable for the             


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