- 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
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