- 130 - service providers are deductible under section 162(a)(1), which allows a deduction for "expenses incurred in carrying on any trade or business, including * * * a reasonable allowance for salaries or other compensation for personal services actually rendered". In Commissioner v. Groetzinger, 480 U.S. 23 (1987), the Supreme Court said that in order for a taxpayer to be in a trade or business, within the meaning of section 162, the "primary purpose" for engaging in the activity must be for profit. The Supreme Court stated: 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. * * * [Id. at 35.] The Court of Appeals for the Third Circuit has explained: "It is well established that in order to take a deduction for expenses incurred in carrying out a trade or business the taxpayer must have entered into the venture with the primary and predominant purpose and objective of making a profit." Simon v. Commissioner, 830 F.2d 499, 500 (3d Cir. 1987), affg. T.C. Memo. 1986-156. "While a reasonable expectation of profit is not essential, the profit motive must be bona fide." Id. (citing Fox v. Commissioner, 80 T.C. 972, 1006 (1983), affd. without published opinion 742 F.2d 1441 (2d Cir. 1984), affd. sub nom. Barnard v. Commissioner, 731 F.2d 230 (4th Cir. 1984), Zemel v. Commissioner, 734 F.2d 9 (3d Cir. 1984), Rosenblatt v.Page: Previous 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 Next
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