John A. Rowe and Donna L. Rowe - Page 44




                                       - 44 -                                         
          knowledge, respondent must show that petitioner had “actual                 
          knowledge of the factual circumstances which made the item                  
          unallowable as a deduction.”  King v. Commissioner, 116 T.C. at             
          204.  In the instant case, this requires that respondent prove              
          that petitioner knew or believed that Mr. Rowe was not engaged in           
          the farming activity for profit.  See King v. Commissioner, supra           
          at 205.                                                                     
               Section 183 provides that expenses incurred in conducting an           
          activity which is “not engaged in for profit” are not deductible,           
          except as otherwise provided in section 183(b).  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.”  This case is appealable to the Court of Appeals           
          for the Eleventh Circuit.  In determining whether an activity is            
          engaged in for profit, the Court of Appeals for the Eleventh                
          Circuit has stated that the relevant inquiry is whether the                 
          taxpayer’s actual and honest objective in engaging in the                   
          activity is to make a profit.  Osteen v. Commissioner, 62 F.3d              


               23(...continued)                                                       
          substantiate the claimed losses.  On brief, respondent limits his           
          sec. 6015(c) argument to the contention that petitioner had                 
          actual knowledge that the horse and fish activities were not                
          engaged in for profit.  While respondent asserts that petitioners           
          have failed to prove that the losses were actually incurred,                
          respondent has not proven that the losses were not incurred and             
          makes no allegation that petitioner had actual knowledge that               
          such losses were not incurred.                                              





Page:  Previous  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  Next

Last modified: May 25, 2011