Dean L. and Cynthia D. Sanders - Page 11





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                                       OPINION                                        
          I.  Deficiencies                                                            
               A.  Issue                                                              
               The issue we must address is whether the net farm losses               
          claimed by petitioners on their 1992 and 1993 Federal income tax            
          returns result from an activity not engaged in for profit, as               
          that term is used in section 183.                                           
               B.  Section 183:  For-Profit Requirement                               
               In pertinent part, section 183(a) provides: “In the case of            
          an activity engaged in by an individual * * * if such activity is           
          not engaged in for profit, no deduction attributable to such                
          activity shall be allowed under this chapter except as provided             
          in this section.”  Section 183(c) provides: “For purposes of this           
          section, the term ‘activity not engaged in for profit’ means 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 for expenses of carrying on activities that               
          constitute a trade or business of the taxpayer and under section            
          212 for expenses incurred in connection with activities engaged             
          in for the production or collection of income or for the                    
          management, conservation, or maintenance of property held for the           
          production of income.  No deductions are allowable under sections           
          162 or 212 for the expenses of an activity that is carried on               




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