-14- Here again, petitioner bears the burden of showing that he was in a trade or business or an activity entered into for profit. In order to do that under the circumstances of this case, he would have to show that he was a joint venturer with Ms. Jackson and/or her business enterprises or that he entered into his transaction with Ms. Jackson and/or her entities as part of an activity entered into for profit. Section 165(c) permits the deduction of losses "incurred in a trade or business", sec. 165(c)(1), or "incurred in any transaction entered into for profit, though not connected with a trade or business", sec. 165(c)(2). Although paragraphs (1) and (2) of section 165(c) both deal with losses, one deals with losses incurred in a trade or business and the other with losses not connected with a trade or business. In that regard, section 165(c)(1) concerns operating losses of a profit-seeking activity, and section 165(c)(2) involves a loss due to a nonbusiness reason, such as abandonment. For a loss to be deductible under either paragraph (1) or (2) of section 165(c), however, the taxpayer must be engaged in a trade or business or involved in a transaction for profit. Section 166(a)(1) provides for the deduction of any debt that becomes worthless during the taxable year. Section 166(a) does not apply to a nonbusiness debt, which is defined in section 166(d)(2) as any debt other than (A) a debt created in connectionPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011