- 10 - 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 realizingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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