John E. and Vicki D. Morrissey - Page 8

                                         -7-                                          
          loss of $20,348 in 1999, gross receipts of $225 and a net loss of           
          $22,197 in 2000, and gross receipts of $25 and a net loss of                
          $18,826 in 2001.                                                            
               Petitioners deducted expenses relating to the drag racing              
          activity on their tax returns for the years at issue.  Respondent           
          disallowed the deduction of petitioner’s losses in a notice of              
          deficiency dated February 5, 2004, determining that petitioner              
          did not engage in the drag racing activity for profit under                 
          section 183.  Petitioners timely filed a petition with this Court           
          seeking redetermination of the disallowed deductions and                    
          asserting that petitioner entered the drag racing activity with             
          the intent of making a profit, and that, when he was not able to            
          make a profit as anticipated, he liquidated the activity.                   
                                     Discussion                                       
          A.   Whether Petitioner Operated the Drag Racing Activity for               
               Profit During the Years at Issue                                       
               The sole issue for decision is whether petitioner operated             
          the drag racing activity for profit during the years at issue               
          within the meaning of section 183.  Section 183(a) provides                 
          generally that if an individual engages in an activity and “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.”  Deductions that would be              
          allowable without regard to whether the activity is engaged in              
          for profit shall be allowed under section 183(b)(1), and                    
          deductions that would be allowable only if the activity is                  






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011