Julius Lee Harrington and Mary Lou Ziter - Page 7




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          afford.  As a result, Dr. Harrington could not have made a profit           
          from the horse-breeding activity even if he had been able to                
          achieve a 100-percent success rate in producing foals with                  
          Appaloosa characteristics.                                                  
                                     Discussion                                       
               Section 183(a) provides generally that if an activity is not           
          engaged in for profit, then no deduction attributable to the                
          activity shall be allowed except as provided in section 183(b).             
          Section 183(b)(1) allows a deduction for expenses that are                  
          deductible without regard to whether the activity is engaged in             
          for profit, such as real estate taxes.  Section 183(b)(2) allows            
          a further deduction for expenses that would be deductible if the            
          activity were engaged in for profit, but only to the extent that            
          gross receipts from the activity exceed deductions allowed by               
          section 183(b)(1).                                                          
               An activity not engaged in for profit is any activity other            
          than one for which deductions are allowable under section 162 or            
          under paragraphs (1) or (2) of section 212.  Deductions are                 
          allowed under section 162 or 212 only when the facts and                    
          circumstances show that the taxpayer engaged in the activity with           
          an actual and honest (but not necessarily reasonable) objective             
          of making a profit.  Hulter v. Commissioner, 91 T.C. 371, 393               
          (1988) (“dominant hope and intent of realizing a profit”); Beck             
          v. Commissioner, 85 T.C. 557, 569 (1985) (“actual and honest                






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