BURGER v. C.I.R.

No. 86-1585.

809 F.2d 355 (1987)

Thomas C. BURGER and Marian E. Burger, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 7, 1987.


Attorney(s) appearing for the Case

David E. Gray, Bowers, Harrison, Kent & Miller, Evansville, Ind., for petitioners-appellants.

Richard J. Briscoll, Asst. Atty. Gen., Tax Div., Dept. of Justice, Washington, D.C., for respondent-appellee.

Before FLAUM and EASTERBROOK, Circuit Judges, and WILL, Senior District Judge.


FLAUM, Circuit Judge.

The respondent determined deficiencies in the taxpayers' joint federal income tax returns for the years 1978-80. These deficiencies were assessed because the respondent determined that the petitioners' dog breeding operation was not an activity engaged in for profit under § 183 of the Internal Revenue Code. The respondent therefore determined that some of the taxpayers' losses were not deductible. The taxpayers filed a petition in the tax...

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