- 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