Craig E. and Debbie A. Brown - Page 16

                                       - 16 -                                         
               We now consider the claims of petitioners as set forth in              
          the amended return; viz, additional expenses for the computer               
          consulting activity and expenses pertaining to the minister of              
          music activity. In short, we must reject these claims because               
          petitioner has utterly failed to (1) substantiate that he had any           
          expenses related to his computer consulting activity in excess of           
          those claimed on the original return ($11,987);6 (2) that the               
          music activity was one engaged in for profit7 or that he incurred           
          any deductible expenses in carrying on such activity; or (3) that           
          the joint venture with Mr. Glass went beyond the preopening                 
          stage8 or that he made any monetary contribution thereto.                   


               6    In fact, when questioned about many of the deductions,            
          petitioner did not know the nature of the expenses claimed nor              
          how Morris arrived at the figures on the amended return.                    
               7    To be engaged in a trade or business within the meaning           
          of sec. 162, "the taxpayer must be involved in the activity with            
          continuity and regularity and * * * the taxpayer's primary                  
          purpose for engaging in the activity must be for income or                  
          profit." Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987).               
          Petitioner did not receive, nor did he expect to receive, any               
          compensation from CHSC, PH, or any other church organization for            
          his music activity, except perhaps for an occasional                        
          reimbursement of expense.                                                   
               8In order to be currently deductible, the expenses must have           
          been incurred after the taxpayer's trade or business actually               
          commenced; expenses incurred prior to such time are nondeductible           
          preopening expenses. Jackson v. Commissioner, 864 F.2d 1521,                
          1525-1526 (10th Cir. 1989), affg. 86 T.C. 492 (1986); Goodwin v.            
          Commissioner, 75 T.C. 424, 433 (1980); affd. without published              
          opinion 691 F.2d 490 (3d Cir. 1982); McManus v. Commissioner,               
          T.C. Memo. 1987-457, affd. without published opinion 865 F.2d 255           
          (4th Cir. 1988). Thus, "carrying on any trade or business."                 
          requires a showing of more than initial research into business              
          potential and solicitation of potential customers or clients.               
                                                             (continued...)           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011