Louis J. Novak - Page 10




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          production or collection of income” or “for the management,                 
          conservation, or maintenance of property held for the production            
          of income”.                                                                 
               For a deduction to be allowed under section 162 or section             
          212(1) or (2), a taxpayer must establish that he engaged in the             
          activity with the primary purpose and dominant intent of                    
          realizing a profit.  See Commissioner v. Groetzinger, 480 U.S.              
          23, 35 (1987);7 Hayden v. Commissioner, 889 F.2d 1548, 1552 (6th            
          Cir. 1989), affg. T.C. Memo. 1988-310; Godfrey v. Commissioner,             
          335 F.2d 82, 84 (6th Cir. 1964), affg. T.C. Memo. 1963-1; see               
          also Warden v. Commissioner, T.C. Memo. 1995-176, affd. without             
          published opinion 111 F.3d 139 (9th Cir. 1997).  In determining             
          whether an activity is engaged in for profit, greater weight is             
          given to objective facts than to the taxpayer’s mere statement of           
          his intent.  See sec. 1.183-2(a), Income Tax Regs.                          
               Section 183(d) provides a rebuttable presumption that an               
          activity will be an activity engaged in for profit if the gross             
          income from the activity exceeds the deductions attributable to             
          the activity for 3 or more of the taxable years in a 5-year                 
          period.  In the case of an activity which consists in major part            
          of the breeding, training, showing, or racing of horses, “2” is             


               7“We accept the fact that to be engaged in a trade or                  
          business, the taxpayer must be involved in the activity with                
          continuity and regularity and that 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).                        




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