Harry E. Thomason and Estate of Hattie D. Thomason, Deceased, Mary T. Crist, Personal Representative - Page 14

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          business of buying and selling real estate, or that petitioner's            
          Florida condo activity was conducted on a regular and continuous            
          basis.  McManus v. Commissioner, supra.  Petitioner failed to               
          satisfy his burden of proving that the Florida condo activity               
          rose to the level of a trade or business within the meaning of              
          section 162.  Accordingly, petitioners are not entitled to                  
          deduct, under section 162, any expenses incurred in connection              
          with the Florida condominium, which they claimed on Schedule C of           
          their 1991 return.  Respondent is sustained on this                         
          determination.                                                              
               However, section 212 allows as a deduction all the ordinary            
          and necessary expenses paid during the year for the production or           
          collection of income, section 212(1), or for the management,                
          conservation, or maintenance of property "held for the production           
          of income", section 212(2).  Section 167(a)(2) allows as a                  
          deduction a reasonable allowance for depreciation of property               
          "held for the production of income."  The phrase "held for the              
          production of income" has the same meaning in section 212 and               
          section 167.  Mitchell v. Commissioner, 47 T.C. 120, 129 (1966).            
          Expenses and depreciation may be deducted only if the property is           
          held for production of income during the taxable year at issue.             
          Meredith v. Commissioner, 65 T.C. 34, 41 (1975).  Section 1.212-            
          1(b), Income Tax Regs., provides:                                           







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