- 11 - treatment of the losses he claimed for the intervening years 1987-90. If petitioner was engaged in the drilling business in 1986, the net operating loss carryover taken as a deduction in 1991 was proper, because the loss would have been incurred in the operation of a trade or business. See, e.g., Swisher v. Commissioner, 33 T.C. 506, 510 (1959).9 Respondent maintains that the business begun by petitioner in 1978 ended in 1981 when petitioner accepted overseas employment, and that, upon returning from Norway, petitioner began a new activity that never became a trade or business. Petitioner maintains that his business continued from 1978 through 1991 and thereafter, and that his purchase of and work on the second drill rig and efforts to obtain contracts for its use were a continuation of his preexisting business. It is sometimes necessary to decide whether a taxpayer has terminated his business (so that expenditures to reenter the area are not incurred in “carrying on” the business) or has only suspended business activities temporarily, in which event the taxpayer's status continues for purposes of Section 162(a). [Bittker & 9Respondent, in her notice of deficiency, determined that petitioner was not engaged in business in 1986 and therefore disallowed the net operating loss from that year. Respondent did not determine alternatively that, even if petitioner was engaged in a trade or business in 1986, he was not engaged in business in the intervening years 1987 through 1990. It would follow, if petitioner was not engaged in business or income production during the intervening years, that petitioner's income from these years would have absorbed the net operating loss from 1986, leaving nothing to be carried forward to 1991. Respondent did not make this argument, and we do not address it.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011