Robert and Karen O'Connor - Page 10




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          its own livestock activity, and an almond grove for income.                 
          Omega was responsible for expenses in connection with the                   
          property and paid CBR rent of more than $30,000 for each of the             
          years under consideration.  For 1993, Omega’s only receipt from             
          the “farming” activity was $12,076 rent from the third-party                
          lease.  For 1994, Omega’s only receipts were $2,363 from almond             
          sales and $2,021 from the sale of livestock.  For 1995, Omega’s             
          only receipt was $185 from the sale of livestock.  Finally, we              
          note that Omega’s reported expenses for 1993, 1994, and 1995, in            
          addition to the rent to CBR, exceeded $100,000 annually and were            
          generally increasing.  Accordingly, Omega’s annual expenses                 
          vastly exceeded steadily decreasing receipts.  With this backdrop           
          we analyze whether Omega’s activity was “not engaged in for                 
          profit” within the meaning of section 183.                                  
               The ordinary and necessary expenses incurred in carrying on            
          an activity which constitutes a trade or business are generally             
          deductible.  See sec. 162(a); sec 1.183-2(a), Income Tax Regs.              
          Section 183 provides, in part, that if an individual’s or an S              
          corporation’s activity is “not engaged in for profit”, then no              
          deduction attributable to that activity shall be allowed except             
          as otherwise provided under section 183(b).  One of the                     
          motivating factors behind the passage of section 183 was the                
          desire to create a more objective standard to determine whether a           
          taxpayer was carrying on a business for the purpose of realizing            






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