- 26 - section 162,14 and fails to show error in respondent’s determination that LFI was engaged in an activity not for profit, then section 183 limits LFI’s deductions for expenses attributable to the activity, as provided in section 183(b). In order to establish that LFI engaged in an activity for profit, petitioner must show he entertained an actual and honest profit objective15 in engaging in the activity, even if that objective was unreasonable or unrealistic. Burger v. Commissioner, 809 F.2d 355, 358 (7th Cir. 1987), affg. T.C. Memo. 1985-523; Surloff v. Commissioner, 81 T.C. 210, 233 (1983); Dreicer v. Commissioner, 78 T.C. 642, 644-645 (1982), affd. without opinion 702 F.2d 1205 (D.C. Cir. 1983); sec. 1.183-2(a), Income Tax Regs. Although section 183 applies at the corporate level with respect to the activities of an S corporation, sec. 1.183-1(f), Income Tax Regs., we consider the intent of petitioner, LFI’s sole shareholder, in deciding whether LFI had the requisite profit objective, see Eppler v. Commissioner, 58 14Sec. 183(c) provides that a taxpayer is engaged in an activity not for profit if the activity is one 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.” Petitioner argues for the first time on brief that LFI is entitled to deduct its expenses under sec. 212 if we conclude that LFI did not operate a trade or business for profit under sec. 162. Respondent objects to this argument as untimely raised and prejudicial. We agree with respondent and decline to consider petitioner’s argument under sec. 212. Estate of Gillespie v. Commissioner, 75 T.C. 374 (1980). 15Petitioner bears the burden of proving that he had the requisite profit objective. Rule 142(a).Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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