Timothy Thomas and Janice Kathleen Kuberski - Page 7




                                        - 7 -                                         
                                       OPINION                                        
               Respondent determined that petitioners’ horse breeding was             
          not an activity engaged in for profit within the meaning of                 
          section 183.  Section 183(a) provides that, if an activity is not           
          engaged in for profit, no deductions attributable to the activity           
          shall be allowed except as provided in section 183(b).  Section             
          183(b)(1) allows only those deductions that are not dependent               
          upon a profit motive, such as taxes.  Section 183(b)(2) allows              
          the deductions that would be allowable if the activity was                  
          engaged in for profit, but only to the extent that gross income             
          attributable to the activity exceeds the deductions permitted by            
          section 183(b)(1).  An “activity not engaged in for profit” is              
          defined in section 183(c) as “any activity 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.”            
               Petitioners bear the burden of proving that the requisite              
          profit motive exists.  Rule 142(a); Golanty v. Commissioner, 72             
          T.C. 411, 426 (1979), affd. without published opinion 647 F.2d              
          170 (9th Cir. 1981).  Section 7491(a), which is effective with              
          respect to court proceedings arising in connection with                     
          examinations by the Commissioner commencing after July 22, 1998,            
          the date of its enactment by section 3001(a) of the Internal                
          Revenue Service Restructuring and Reform Act of 1998, Pub. L.               
          105-206, 112 Stat. 726, does not apply to place the burden of               






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