- 10 - an intent to make a profit.1 If petitioners did not have the requisite profit motive, as respondent maintains, then all deductions exceeding the revenue attributable to those activities would be disallowed pursuant to section 183(a). Respondent contends that petitioners lacked the requisite intent to make a profit in carrying out their Schedule C activities. Specifically, respondent asserts that petitioners (1) did not conduct their Schedule C activities in a businesslike manner, (2) never earned a profit from any of these activities and are unlikely to do so in the near future, and (3) realized substantial tax savings by offsetting the income from their primary occupations with their Schedule C losses. On the other hand, petitioners maintain that they entered into and carried out their Schedule C activities with an intent of 1 For purposes of applying sec. 183, we treat all three of petitioners’ Schedule C activities as a single activity. In ascertaining what constitutes an activity or activities of a taxpayer, we take into account the facts and circumstances of each case. See sec. 1.183-1(d), Income Tax Regs. Generally, the most significant factors in making this determination are the degree of organizational and economic interrelationships of the various undertakings and the business purpose which is (or might be) served by carrying on the operations separately or in a trade or business setting. See id. In the case at bar, petitioners contend that they entered into each of their Schedule C activities with the intent of supplementing their retirement income. All three activities were operated with the same business purpose, and each shared the resources and capital of the others; in sum, each Schedule C activity was organizationally and economically dependent upon the others. On brief, petitioners treated all three of their Schedule C activities as one activity.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011