Thomas W. and Pamela A. Hill - Page 16

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          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.                                                                 











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