- 5 - of limitations on assessment had expired on her 2002 taxable year. Generally, an income tax must be assessed within 3 years after the applicable return is filed. Sec. 6501(a). In this case, petitioner timely filed her 2002 Federal income tax return on April 15, 2003. April 15, 2006, was 3 years after that date. As the notice of deficiency was sent on January 25, 2006, the period of limitations on petitioner’s 2002 taxable year remained open at the time the notice was sent.4 III. Petitioner’s Lack of Profit Objective Section 183 specifically precludes deductions for activities not engaged in for profit except to the extent of the gross income derived from such activities. Sec. 183(a) and (b)(2). Given that petitioner had gross receipts of only $445 for the 2 years at issue, the remainder of her Schedule C expenses are only deductible if we find that petitioner engaged in her activities with the requisite profit objective. For reasons discussed more fully below, we find that petitioner was not engaged in the activities at issue with the necessary profit objective, and consequently, we hold for respondent. 4 See also sec. 6501(h) as it relates to petitioner’s loss carryforward, discussed infra, and sec. 6503(a)(1) regarding suspending the running of the period of limitations upon the issuance of a notice of deficiency and filing of a petition for redetermination.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: March 27, 2008