- 13 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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