Darryl F. Royster - Page 10




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          this case is based on the record before the Court and not on                
          which party bears the burden of proof.                                      
          Petitioner’s Basketball Team Activity (RBS)                                 
               The first issue for decision is whether RBS was an activity            
          petitioner engaged in for profit within the meaning of section              
          183 during the years in issue.                                              
               Section 183(a) provides that if an individual engages in an            
          activity but does not engage in that activity for profit, “no               
          deduction attributable to such activity shall be allowed under              
          this chapter except as provided in this section.”  In the case of           
          an activity not engaged in for profit, section 183(b)(1) allows             
          deductions which are otherwise allowable without regard to                  
          whether the activity is engaged in for profit.  Section 183(b)(2)           
          allows deductions that would be allowable if the activity were              
          engaged in for profit, but only to the extent of gross income               
          received from the activity.  Section 183 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.”            
               Section 162 allows a taxpayer to deduct ordinary and                   
          necessary expenses of carrying on the taxpayer’s trade or                   
          business.  Paragraphs (1) and (2) of section 212 allow the                  
          taxpayer to deduct expenses incurred in connection with an                  
          activity engaged in for the production or collection of income,             







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