Vanessa K. Bernardo - Page 11

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               B.  Application of Section 183                                         
                    1.  Background: Governing Principles                              
               Generally, under section 183(a) and (b), individuals are not           
          allowed deductions attributable to an activity “not engaged in              
          for profit” except to the extent of gross income generated by the           
          activity (in this case, zero).  Section 183(c) defines an                   
          activity “not engaged in for profit” as “any activity other than            
          one with respect to which deductions are allowable * * * under              
          section 162 or under paragraph (1) or (2) of section 212.”                  
          Expenditures incurred in an activity are deductible under                   
          sections 162 and 212(1) or (2) if, among other things, the                  
          taxpayer establishes that she engaged in that activity with the             
          actual and honest, objective of making an economic profit                   
          independent of tax savings, even if that objective was not                  
          reasonable.  Hulter v. Commissioner, 91 T.C. 371, 393 (1988);               
          Sec. 1.183-2(a), Income Tax Regs.                                           
               In determining whether the requisite profit motive exists,             
          we consider all the pertinent facts and circumstances.  Sec.                
          1.183-2(b), Income Tax Regs.  The following factors bearing upon            

               7(...continued)                                                        
          with respect to a factual issue necessarily means that she cannot           
          sustain her resulting burden of proof with respect to that issue.           
          Therefore, our discussions of those issues (both here, dealing              
          with petitioner’s Schedule C deductions and, subsequently,                  
          dealing with her other deductions and her claim of head-of-                 
          household status) may be viewed as setting forth the basis for              
          our conclusions that petitioner has failed to (1) introduce                 
          “credible evidence” and (2) carry her burden of proof.                      





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