Rick and Ruth Baime Richards - Page 7




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               Section 183(a) generally provides that if an activity                  
          engaged in by an individual is not entered into for profit, no              
          deduction attributable to the activity shall be allowed, except             
          as otherwise provided in section 183(b).  An “activity not                  
          engaged in for profit” means any activity other than one for                
          which deductions are allowable under section 162 or under                   
          paragraphs (1) and (2) of section 212.  Sec. 183(c).                        
               Section 162(a) allows a deduction for all ordinary and                 
          necessary expenses paid or incurred during the taxable year in              
          carrying on a trade or business.  To be engaged in a trade or               
          business within the meaning of section 162, “the taxpayer must be           
          involved in the activity with continuity and regularity and * * *           
          the taxpayer’s primary purpose for engaging in the activity must            
          be for income or profit.”  Commissioner v. Groetzinger, 480 U.S.            
          23, 35 (1987).                                                              
               In order for taxpayers to deduct expenses of an activity               
          pursuant to section 162, profit must be their primary or dominant           
          purpose for engaging in the activity.  See Wolf v. Commissioner,            
          4 F.3d 709, 713 (9th Cir. 1993), affg. T.C. Memo. 1991-212;                 
          Polakof v. Commissioner, 820 F.2d 321 (9th Cir. 1987), affg. per            
          curiam T.C. Memo. 1985-197; Independent Elec. Supply, Inc. v.               
          Commissioner, 781 F.2d 724, 726 (9th Cir. 1986), affg. Lahr v.              
          Commissioner, T.C. Memo. 1984-472; Carter v. Commissioner, 645              
          F.2d 784, 786 (9th Cir. 1981), affg. T.C. Memo. 1978-202; Hirsch            






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