Kim Beauchamp - Page 14

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          relating to his improvements of Ms. Choe's properties on the same           
          Schedule C he used for his medical practice.  Petitioner concedes           
          that he could not combine his real estate activity and medical              
          practice on one Schedule C, and that he was not entitled to                 
          deduct or treat as costs of goods sold the expenditures of his              
          real estate activity on his medical practice Schedule C.                    
          Petitioner also concedes that he was not entitled to deduct the             
          mortgage interest and property taxes on his Schedule A.                     
               Petitioner argues, however, that:  He was in the                       
          construction business; he incurred expenses relating to his                 
          improvements of Ms. Choe's properties in connection with this               
          separate business; these expenses were deductible pursuant to               
          section 162; therefore, he can offset these expenses against his            
          medical practice income.7  Respondent asserts that petitioner has           
          not shown he was in a trade or business; consequently, section              
          162 does not support his claimed deductions.  Respondent further            
          argues, in the alternative, that should we find that petitioner             
          was in a trade or business, then his real estate activity                   
          expenditures must be capitalized.                                           
               Taxpayers are allowed a deduction for ordinary and necessary           
          expenses paid or incurred in carrying on a trade or business.               


               7  Petitioner's argument, basically, seems to be that he               
          made the mistake of combining the expenses of his two businesses            
          on one Schedule C and deducting the mortgage interest and real              
          estate taxes related to Ms. Choe's properties on his Schedule A             
          instead of his Schedule C.                                                  



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