Epic Associates 84-III, William C. Griffith, Jr. - Page 70




                                       - 154 -                                        
             Commissioner, 78 T.C. 642, 645 (1982), affd. without                     
             opinion 702 F.2d 1205 (D.C. Cir. 1983).  For this purpose,               
             the term "profit" means economic profit independent of tax               
             consequences.  E.g., Ronnen v. Commissioner, 90 T.C. 74, 88              
             (1988); Herrick v. Commissioner, 85 T.C. 237, 255 (1985).                
                  Generally, in the case of an activity to which section              
             183 applies, the deductions attributable to the activity                 
             are grouped into two categories:  Those that would be                    
             allowable "without regard to whether or not such activity                
             is engaged in for profit" and those that would be allowable              
             "only if such activity were engaged in for profit."  Sec.                
             183(b).  Paragraph (1) of section 183(b) allows a taxpayer               
             to take the deductions in the first category without limit,              
             but paragraph (2) of section 183(b) limits the aggregate                 
             amount of the deductions in the second category, i.e.,                   
             deductions which are allowable only if the activity is                   
             engaged in for profit, "to the extent that the gross income              
             derived from such activity for the taxable year exceeds the              
             deductions allowable by reason of paragraph (1)."  Sec.                  
             183(b)(2).                                                               
                  The depreciation deductions claimed by each                         
             partnership under section 167 are allowed only if the                    
             expenses were incurred in connection with an activity                    
             that constitutes a trade or business of the taxpayer.                    






Page:  Previous  144  145  146  147  148  149  150  151  152  153  154  155  156  157  158  159  160  161  162  163  Next

Last modified: May 25, 2011