Richard L. Matz and Linda A. Matz, Deceased, Richard Lee Matz, Jr., Independent Executor - Page 5

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            sections 165(c) and (f) and 166(d)(1) and (2).  Petitioners                                 
            assert that the loss related to Southern Express was incurred and                           
            proximately related to petitioner's trade or business of                                    
            promoting, developing, organizing, and financing startup                                    
            businesses, and is thus ordinary under section 165(a) and (c)(1)                            
            or, in the alternative, a business bad debt under section 166(a).                           
                  Section 165(a) provides, "There shall be allowed as a                                 
            deduction any loss sustained during the taxable year and not                                
            compensated for by insurance or otherwise."  In the case of an                              
            individual, the deduction under section 165(a) is limited to                                
            certain circumstances, including losses incurred in a trade or                              
            business.  Sec. 165(c)(1).  Petitioner asserts that he is engaged                           
            in a trade or business of promoting, developing, organizing, and                            
            financing startup businesses.  We disagree.                                                 
                  To be engaged in a trade or business, an individual must be                           
            involved in an activity with continuity and regularity, and the                             
            primary purpose for engaging in the activity must be for income                             
            or profit.  Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987).                            
            A sporadic activity, a hobby, or an amusement diversion does not                            
            qualify.  Id.  Whether an individual is carrying on a trade or                              
            business requires an examination of the facts involved in each                              
            case.  Higgins v. Commissioner, 312 U.S. 212, 217 (1941).                                   
            Petitioner bears the burden of proving that he was engaged in a                             







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