Charlie Daniel Turner, Jr. and Sandra Lovell Turner - Page 10




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          deductible under section 162 and/or section 165.5  Respondent               
          argues that Turtle Performance was not a trade or business during           
          any of the years in issue because petitioner did not engage in              
          that activity with the requisite profit objective.  According to            
          respondent, expenditures attributable to that activity are only             
          deductible as allowed by section 183.6  For the following                   




               5 In general, sec. 162 allows a deduction for all ordinary             
          and necessary expenses incurred in carrying on a trade or                   
          business.  In the case of an individual, sec. 165(c)(1) generally           
          allows a deduction for any losses incurred in a trade or                    
          business.                                                                   
               6 In relevant part, sec. 183 states:                                   
                    (a) General Rule.–-In the case of an activity engaged             
               in by an individual or an S corporation, if such activity is           
               not engaged in for profit, no deduction attributable to such           
               activity shall be allowed under this chapter except as                 
               provided in this section.                                              
                    (b) Deductions Allowable.–-In the case of an activity             
               not engaged in for profit to which subsection (a) applies,             
               there shall be allowed--                                               
                         (1) the deductions which would be allowable under            
                    this chapter for the taxable year without regard to               
                    whether or not such activity is engaged in for profit,            
                    and                                                               
                         (2) a deduction equal to the amount of the                   
                    deductions which would be allowable under this chapter            
                    for the taxable year only if such activity were engaged           
                    in for profit, but only to the extent that the gross              
                    income derived from such activity for the taxable year            
                    exceeds the deductions allowable by reason of paragraph           
                    (1).                                                              
                                                             (continued...)           






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