Dale A. Rinehart and Jeana L. Yeager, f.k.a. Jeana L. Rinehart, et al. - Page 15




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          at age 60,19 he retired.  One of the reasons Mr. Rinehart started           
          the horse breeding activity was to have a source of income during           
          his retirement, which he anticipated to be in 2000, or in case he           
          lost his job before he retired.                                             
                                       OPINION                                        
               Section 183(a) provides generally that, if an activity is              
          not engaged in for profit, no deduction attributable to such                
          activity shall be allowed except as provided in section 183(b).             
          Section 183(c) defines an “activity not engaged in for profit” 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.”                                       
               The U.S. Court of Appeals for the Fifth Circuit, to which an           
          appeal in this case would lie, has held that for a deduction to             
          be allowed under section 162 or section 212(1) or (2), a taxpayer           
          must establish that he engaged in the activity with the primary             
          purpose and intent of realizing an economic profit independent of           
          tax savings.  Westbrook v. Commissioner, 68 F.3d 868, 875 (5th              
          Cir. 1995), affg. T.C. Memo. 1993-634.                                      
               The expectation of profit need not have been reasonable;               
          however, the taxpayer must have entered into the activity, or               
          continued it, with the objective of making a profit.  Hulter v.             


               19  Age 60 was the mandatory retirement age.                           






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