- 6 - 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 honestPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011