- 12 - income from that particular activity, the practical effect of section 183 is to preclude a taxpayer from deducting losses incurred in such ventures. An “activity not engaged in for profit” 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 expenses] or under paragraph (1) or (2) of section 212 [expenses incurred in the production of income].” See also sec. 1.183-2(a), Income Tax Regs. Deductions are allowable under these sections only if a taxpayer’s “primary purpose and intention in engaging in the activity is to make a profit.” Golanty v. Commissioner, 72 T.C. 411, 425 (1979), affd. without published opinion 647 F.2d 170 (9th Cir. 1981). The taxpayer’s expectation of a profit need not be reasonable, but he or she must possess an “actual and honest objective of making a profit.” Keanini v. Commissioner, 94 T.C. 41, 46 (1990) (quoting Dreicer v. Commissioner, 78 T.C. 642, 644-645 (1982), affd. without opinion 702 F.2d 1205 (D.C. Cir. 1983)). Conversely, no deductions are allowable under section 162 or 212 for “activities which are carried on primarily as a sport, hobby, or for recreation.” Sec. 1.183-2(a), Income Tax Regs. In determining the category into which a particular venture falls, the taxpayer bears the burden of establishing the requisite profit objective. Keanini v. Commissioner, supra at 46; GolantyPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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