- 15 - tournament fishermen. Petitioner’s fishing activity is occasionally demanding and exhausting. The Court is convinced, however, that petitioner’s bass fishing was akin to a hobby enjoyed in his spare time and which, as a bonus, provided him an opportunity for occasional income and less income tax. The Court has considered all other arguments advanced by the parties, and, to the extent such arguments have not been specifically addressed, the Court concludes they are without merit. Each factor set out in section 1.183-2(b), Income Tax Regs., was considered; while some of the factors support a profit objective, other factors discussed outweigh the profit motive. The Court, therefore, is not convinced that petitioner was engaged in a trade or business for profit. Respondent, therefore, is sustained. However, as noted earlier, supra note 4, respondent allowed petitioner a miscellaneous itemized deduction of $892 for expenses incurred in the activity. As an itemized deduction, the 2-percent floor of section 67(a) would be applicable. Respondent erred in the treatment of the $892 in this fashion. Under section 183(b)(2), the $892 is allowable as an offset to the gross receipts, thus eliminating the 2-percent limitation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011