Harm De Boer - Page 11

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          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.                           




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