I'm not an attorney but I am an accountant. The best answer that I can give is that it depends. It depends on your facts and circumstances, it depends on your intent, it depends on your record keeping (or lack thereof), it depends on whether you treat it as a business or whether you treat it as a hobby. I don't jump in much on tax questions due to this fact, because, it depends. This time I will add a few thoughts.
The tax code is written for people that own their own business. It is not written for people that have a job. Keep that in mind.
I will say that the 3 out of 5 year rule is a scare tactic. A tax practitioner with an good understanding of the rules knows that a legitimate business can and frequently will not always have a profit 3 out of 5 years. If you treat this like a business, report your gross sales and all of your legitimate expenses, it will help you IF you are ever audited in the future by showing that you were serious. If you don't treat this like a business, the reverse is true.
Is it reasonable for someone to deduct the expenses when they have a race car?
It depends. Did they work to study the various classes that their car might fit into? Did they research what various tracks paid for prize money? Did they actively solicit sponsors? Did they search out advice from people that have been successful in the same types of racing? Did they win more prize money each year over a period of years and because of that become able to charge more for sponsorship placement on their car? Were they able to receive bigger discounts and/or free parts from national auto parts store chains? Did they hire mechanics with more skill than themselves? Did they move up to a different class to receive more prize money? And did they treat it like a business? Or, did they throw the car on the trailer on Thursday night, grab a cooler, a case of beer and a bag of ice on the way home from work Friday, jump in the truck and drive to the local track to drive in a race with their friends and then drink beer after the race? One is a business and one is a hobby. Keep this example in mind and apply it to any business idea that you have.
The answer always is, it depends. Keep records, take pictures, give
business cards to everyone, and there will be no doubt that you have a business. If you use Google maps to look at my house, there is no doubt whatsoever that I have a scrap business. No one in their right mind would have a pile of, well I call it an inventory of non-ferrous raw material. My wife calls it my pile of junk.
Decide what you want to do and proceed. Just remember, it depends.
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