Dennis L. and Margaret J. Knudsen - Page 22




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         authorizes a deduction for expenses that would be allowable if               
         the activity were engaged in for profit, but only to the extent              
         that gross income attributable to the activity exceeds the                   
         deductions permitted by section 183(b)(1).  Section 183(c)                   
         defines “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.”                                                             
              Section 162 authorizes a deduction for the expenses of                  
         carrying on an activity that constitutes a trade or business of              
         the taxpayer.  See sec. 162(a); sec. 1.183-2(a), Income Tax Regs.            
         To be engaged in a trade or business with respect to which                   
         deductions are allowable under section 162, “the taxpayer must be            
         involved in the activity with continuity and regularity”, and                
         “the taxpayer’s primary purpose for engaging in the activity must            
         be for income or profit.”  Commissioner v. Groetzinger, 480 U.S.             
         23, 35 (1987); see also Warden v. Commissioner, T.C. Memo. 1995-             
         176, affd. without published opinion 111 F.3d 139 (9th Cir.                  
         1997).                                                                       
              Absent a stipulation to the contrary, see sec. 7482(b)(2),              
         this case is appealable to the Court of Appeals for the Tenth                
         Circuit, which has applied the dominant or primary objective                 
         standard to test whether an alleged business activity is                     
         conducted for profit.  Hildebrand v. Commissioner, 28 F.3d 1024,             







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