- -25 sustain respondent's disallowance of the claimed deductions for 1992. For the years 1991 and 1992 petitioner claimed to have incurred business expenses relating to "A & M Techservices". He claimed these deductions on Schedule C. Respondent denied all of these claimed business deductions for 1991 on the basis that petitioner had not established that he was carrying on a trade or business to which the expenses related. Section 162(a) provides that there is allowed as a deduction all ordinary and necessary business expenses incurred during the taxable year. Generally, a trade or business is an activity that is pursued in good faith, with continuity and regularity, and for the production of income. Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987). Whether a taxpayer is engaged in a trade or business is a question of fact. Walliser v. Commissioner, 72 T.C. 433, 437 (1979). Petitioner reported on his tax return for 1991 that the name of his business was "A & M Techservices". At trial, petitioner claimed he was an engineering consultant, seeking to contract out his services as an independent contractor. He reported no gross income in 1991 from this business, but claimed deductible expenses totaling $23,505. Petitioner has placed in evidence numerous canceled checks and other documentation in purported support of these claimed deductions. These checks relate to rent payments, utility and phone bills, mailboxes, credit cardPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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