- 21 - the production of income for the business. Instead, the effect of section 23, the predecessor to section 212, was to provide for a class of nonbusiness deductions that were incurred in the production of income or in the management or conservation of property held for the production of income. Id. at 373-374. The Court rejected the Commissioner’s claim that expenses can be deducted under section 23 only if they produce immediate income.11 Respondent does not dispute that the expenses listed on petitioner’s tax return were paid by petitioner. However, in her statutory notice of deficiency, respondent maintains that no deduction is allowable because petitioner had not placed his drill rig into business use. Under Bingham’s Trust, petitioner did not need to place his drill rig into business use in 1991 in order to be entitled to deductions for expenses incurred in maintaining his drill rig, as long as he had a profit objective with respect to its ultimate disposition. Petitioner has expended substantial amounts of money, time and effort in the renovation and maintenance of his drill rig. 11See also Bittker & Lokken, Federal Taxation of Income, Estates and Gifts, par. 20.5.1, at 20-104 (2d ed. 1989). Bittker & Lokken suggest that the “nonbusiness” label for sec. 212 purposes is simply an abbreviated way of referring to profit- oriented activities that are not sufficiently frequent and continuous to be a trade or business. Thus, it follows that sec. 162 allows deductions for expenses incurred in a trade or business, while sec. 212 allows deductions for expenses incurred in maintaining an income-producing asset.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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