John R. Boone, Jr. - Page 36

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          of section 162.  Sec. 1402(c).  Thus, to be engaged in a trade or           
          business within the meaning of section 1402(a), an individual               
          must be involved in an activity with continuity and regularity              
          and his primary purpose for engaging in the activity must be for            
          income and profit.  See Commissioner v. Groetzinger, 480 U.S. 23,           
          35 (1987).                                                                  
               Respondent asserts that petitioner misappropriated his                 
          father's marijuana cash hoard, and that such a conversion is                
          income from a trade or business, because misappropriating the               
          money occupied petitioner's "time, attention, and labor" and was            
          for petitioner's own profit and livelihood.  Petitioner, on the             
          other hand, maintains that he earned no self-employment income in           
          1989 and 1990.  His dog kennel business was unsuccessful, and               
          reported a net loss for 1990.                                               
               Petitioner's testimony and that of his wife, and Ms. Warren            
          satisfies us that petitioner did not carry on any trade or                  
          business activity in 1989 and 1990 other than his dog kennel                
          business in 1990.  Respondent's agent acknowledged that the dog             
          kennel business could not have been the source for all of the               
          additional funds asserted in the notice of deficiency.                      
               As previously mentioned, respondent posits that money                  
          appropriated from petitioner's father is self-employment income             
          to petitioner.  However, we do not find that petitioner took part           
          in his father's marijuana activity.  We therefore hold that                 






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