- 36 - 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 thatPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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