Brad and Teri Montagne - Page 4

                                        - 4 -                                         
          horses.  Petitioner did not maintain a separate bank account for            
          the horse activity.                                                         
          Petitioners’ Returns and Respondent’s Determinations                        
               Respondent determined from petitioners’ original tax returns           
          deficiencies of $17,091 and $17,867 for 1997 and 1998,                      
          respectively.  Petitioners claimed losses from the horse activity           
          of $21,823 and $16,891 on amended returns for 1997 and 1998,                
          respectively.  Respondent did not process the amended returns for           
          1997 and 1998.                                                              
                                       OPINION                                        
          I.  Petitioners’ Horse Activity                                             
               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.”                                       
               For a deduction to be allowed under section 162 or 212(1) or           
          (2), a taxpayer must establish that he or she engaged in the                
          activity with an actual and honest objective of making an                   
          economic profit independent of tax savings.  Evans v.                       
          Commissioner, 908 F.2d 369 (8th Cir. 1990), revg. T.C. Memo.                
          1988-468; Antonides v. Commissioner, 91 T.C. 686, 693-694 (1988),           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011