Carl Albert and Lorraine Rouse - Page 6

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          were in fact expenses incurred by or on behalf of RRI, such                 
          expenses are expenses of that corporation and are not deductible            
          by petitioners on their individual return.                                  
               During petitioners’ testimony regarding the operation of RRI           
          and certain research-related expenses which were incurred, he               
          interchangeably referred to the corporation and the Schedule C              
          business.  If indeed these expenses were incurred in a trade or             
          business which was separate from the trade or business of the               
          corporation, petitioners are not entitled to either the research-           
          related miscellaneous itemized deductions or the Schedule C                 
          deductions for the reasons discussed below.                                 
               A taxpayer generally may deduct the ordinary and necessary             
          expenses paid or incurred during the taxable year in carrying on            
          his trade or business.  Sec. 162(a).  A taxpayer is engaged in a            
          trade or business if the taxpayer is involved in the activity               
          with continuity and regularity and with the primary purpose of              
          making a profit.  Commissioner v. Groetzinger, 480 U.S. 23, 35              
          (1987).  A taxpayer also is “allowed as a deduction all the                 
          ordinary and necessary expenses paid or incurred during the                 
          taxable year * * * for the production or collection of income”.             
          Sec. 212(1).  However, a taxpayer generally may not deduct                  
          personal, living, or family expenses.  Sec. 262(a).                         
               We first address petitioners’ miscellaneous itemized                   
          deduction for “house expense” of $24,000.  Petitioners calculated           






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