Ed and Patricia A. Montgomery - Page 11




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          (2) certain additional expenses to the extent of the gross income           
          derived from the activity, less those deductions of the first               
          type.                                                                       
               A taxpayer must have an actual and honest profit objective             
          in order for an activity to be one which is for profit.  Surloff            
          v. Commissioner, 81 T.C. 210, 233 (1983); Dreicer v.                        
          Commissioner, 78 T.C. 642, 644 (1982), affd. without published              
          opinion 702 F.2d 1205 (D.C. Cir. 1983); sec. 1.183-2(a), Income             
          Tax Regs.  This determination is made at the corporate level with           
          respect to the activities of an S corporation.  Baldwin v.                  
          Commissioner, T.C. Memo. 2002-162; sec. 1.183-1(f), Income Tax              
          Regs.  However, we look to the intent of an S corporation’s sole            
          shareholder in deciding whether the corporation had the requisite           
          profit objective.  Baldwin v. Commissioner, supra.  In                      
          determining whether the requisite intention to make a profit                
          exists, greater weight is given to objective facts than to the              
          taxpayer’s self-serving characterization of his intent.  Id.;               
          Dreicer v. Commissioner, supra at 645; sec. 1.183-2(a), Income              
          Tax Regs.  The regulations set forth a nonexclusive list of                 
          factors to be considered in determining whether the taxpayer has            
          the requisite profit objective:  (1) The manner in which the                
          taxpayer carries on the activity; (2) the expertise of the                  
          taxpayer or his advisers; (3) the time and effort expended by the           
          taxpayer in carrying on the activity; (4) the expectation that              






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