- 14 - 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.Page: 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