Robert A. Eder - Page 7




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          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.                            






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