John G. and Janice E. Parker - Page 5




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               As a result of an audit examination, on May 6, 1998,                   
          respondent issued a notice of deficiency to petitioners in which            
          respondent determined that, for 1994, 1995, and 1996,                       
          petitioner’s airplane activity was not engaged in for profit                
          under section 183, and respondent disallowed the claimed losses             
          for each of those years.  Also, respondent determined accuracy-             
          related penalties under section 6662.                                       
               Respondent has conceded that the claimed expenses relating             
          to petitioner’s airplane activity have been substantiated for the           
          years at issue and that during the years 1986 through 2001                  
          petitioner spent approximately $1 million of his own funds on his           
          airplane activity.                                                          
               During a prior audit of petitioners’ 1989, 1990, and 1991              
          Federal income tax returns, respondent did not raise an issue as            
          to petitioner’s profit objective relating to petitioner’s                   
          airplane activity.                                                          

                                       OPINION                                        
          Activity not Engaged in for Profit                                          
               Generally, under section 183, if an activity is not engaged            
          in for profit, deductions for expenses relating to such activity            
          are allowable only to the extent of gross income derived from the           
          activity.                                                                   







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