Joyce E. Hastings - Page 13




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          section 212 [expenses incurred in the production of income].”               
          See also sec. 1.183-2(a), Income Tax Regs.  Deductions are                  
          allowable under these sections only if a taxpayer’s “primary                
          purpose and intention in engaging in the activity is to make a              
          profit.”  Golanty v. Commissioner, 72 T.C. 411, 425 (1979), affd.           
          without published opinion 647 F.2d 170 (9th Cir. 1981).  The                
          taxpayer’s expectation of a profit need not be reasonable, but              
          the taxpayer must possess an “‘actual and honest objective of               
          making a profit.’”  Keanini v. Commissioner, 94 T.C. 41, 46                 
          (1990)(quoting Dreicer v. Commissioner, 78 T.C. 642, 644-645                
          (1982), affd. without opinion 702 F.2d 1205 (D.C. Cir. 1983)).              
          Conversely, no deductions are allowable under section 162 or 212            
          for “activities which are carried on primarily as a sport, hobby,           
          or for recreation.”  Sec. 1.183-2(a), Income Tax Regs.                      
               The taxpayer bears the burden of establishing the requisite            
          profit objective.  Rule 142(a); Keanini v. Commissioner, supra at           
          46; Golanty v. Commissioner, supra at 426.  Whether the requisite           
          profit objective exists is determined by considering all the                
          surrounding facts and circumstances.  Keanini v. Commissioner,              
          supra at 46; sec. 1.183-2(b), Income Tax Regs.  Greater weight is           
          accorded to objective facts and circumstances than to the                   
          taxpayer’s mere statement of intent.  Sec. 1.183-2(a), Income Tax           
          Regs.                                                                       








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