- 16 - under Rule 155 will be required to remedy the erroneous adjustment made by respondent.7 The principal issue is whether petitioner's Baton Rouge Volleyball Club activity was an activity not engaged in for profit under section 183(a) for 1992 and 1993. Section 183(a) provides generally that, if an activity is not engaged in for profit, no deduction attributable to such activity shall be allowed. Section 183(b)(1), however, provides that deductions that are allowable without regard to whether the activity is engaged in for profit shall be allowed. Section 183(b)(2) further provides that deductions that would be allowable only if the activity were engaged in for profit shall be allowed, "but only to the extent that the gross income derived from such activity for the taxable year exceeds the deductions allowable by reason of" section 183(b)(1). Section 183(c) defines an activity not engaged in for profit as "any activity other than one with respect to which deductions are allowable for the taxable year under section 162 or under paragraph (1) or (2) of section 212." The Court's inquiry is directed to whether the taxpayer engaged in the activity with the 7 In this instance, petitioner's income determined in the notice of deficiency should be reduced by $1,956; i.e., $1,227 for the erroneous increase of income in the notice of deficiency and $729 for the amount reported by petitioner on her 1993 return.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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