Harm De Boer - Page 21

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          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.                                   



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