- 6 - was entitled to claim itemized deductions for operating expenses only to the extent of the $1,124 of reported gross income.2 Discussion Under section 183(b)(2), if an individual engages in an activity not for profit, deductions relating thereto are allowable only to the extent gross income derived from the activity exceeds deductions that would be allowable under section 183(b)(1) without regard to whether the activity constitutes a for-profit activity. See Allen v. Commissioner, 72 T.C. 28, 32- 33 (1979). The taxpayer generally bears the burden of establishing that his or her activities were engaged in for profit. Rule 142(a).3 The relevant question is whether the taxpayer had a “good faith expectation of profit”. Burger v. Commissioner, 809 F.2d 355, 2 The $12,894.71 of expenses claimed on petitioner’s 2002 Schedule C bears little similarity to the expenses listed on his 2002 “budget”. For instance, the largest claimed expense on his 2002 Schedule C was $6,144.41 for car and truck expenses; by contrast, his 2002 “budget” lists $2,300 for “transportation” and “travel” expenses including tolls, parking, and meals. The largest single item on his 2002 “budget” was for $3,000 to “Purchase product”. By contrast, on his Schedule C, petitioner reported no purchases or inventory. 3 In certain cases, the burden of proof shall be on the Commissioner if, in any court proceeding, the taxpayer introduces credible evidence with respect to any factual issue relevant to ascertaining the liability of the taxpayer for any tax imposed by subtit. A or B of the Code. Sec. 7491(a)(1). Because we decide this case on the preponderance of the evidence, rather than by reference to the placement of the burden of proof, we do not decide whether petitioner has met the requirements under sec. 7491 to shift the burden of proof to respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: March 27, 2008