Ralph E. Wesinger, Jr. and Catherine R. Wesinger - Page 11




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          profit objective).  His written report largely restates facts               
          already in the record and offers no independent research.  Mr.              
          Cosby has never been engaged in the business of cattle ranching             
          and has not made any study of profitable cattle operations upon             
          which to base his comparisons.  Respondent’s motion in limine is            
          granted.                                                                    
            Statutory Provisions and Interpretation – For Profit Activity             
               Section 183(a) states the following general rule: “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(b)(1) then goes on to               
          prescribe that, if an activity is not engaged in for profit, a              
          taxpayer may take those deductions which would be allowable                 
          without regard to profit motive (e.g., certain interest and tax             
          expenses).  Furthermore, if the activity is not engaged in for              
          profit, section 183(b)(2) permits the taxpayer to claim those               
          deductions which would be allowable if the activity were engaged            
          in for profit, “but only to the extent that the gross income                
          derived from such activity for the taxable year exceeds the                 
          deductions allowable by reason of paragraph (1).”  In other                 
          words, because deductions for expenses related to a not-for-                
          profit activity are generally limited to the amount of gross                








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