John Robert Maguire - Page 7

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          to the sale or rental of the Harwichport property.  Petitioner              
          responded with cancelled checks payable to various newspapers,              
          but he produced no advertisements.  The only advertisements                 
          produced at trial were obtained by respondent.  We find that the            
          Harwichport property was not available for rent in 1990 and that            
          the property was not available for sale prior to October 28,                
          1990.  We conclude that petitioner's activity on the Harwichport            
          property did not constitute a trade or business in 1990.                    
          Petitioner's level of activity and attempted disposition of the             
          Harwichport property indicate that petitioner prepared the                  
          Harwichport property for resale during the year in issue.  We               
          conclude that petitioner held the Harwichport property for the              
          production of income in 1990.                                               
               In general, deductions incurred for the production of income           
          under section 212 are subject to the same requirements and                  
          restrictions that apply to a trade or business expense deduction            
          under section 162.  Estate of Davis v. Commissioner, 79 T.C. 503,           
          507 (1982); Hubbart v. Commissioner, 4 T.C. 121, 124 (1944).  In            
          order to be deductible, the expenditures must be ordinary and               
          necessary.  Secs. 162(a), 212.  Petitioner must prove a proximate           
          connection between the expenditure and the conduct of a profit-             
          seeking activity.  Larrabee v. Commissioner, 33 T.C. 838, 841               
          (1960).  In general, an expenditure made primarily to secure a              
          personal benefit is not deductible, sec. 262; whereas, a similar            
          expenditure may be deductible if made primarily for a profit-               




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