- 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
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