- 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
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