- 7 - A. Whether the Real Estate Activity Was Part of the Construction Consulting Business Mr. Finnegan ran the construction consulting business out of his home in Santa Ana. As a construction consultant, Mr. Finnegan worked for third parties; he was compensated regardless of whether the projects he constructed were sold. There is no evidence that he was responsible for selling the projects he constructed. Mr. Finnegan had a separate office and telephone line for the real estate activity at the Acapulco house in San Clemente. Mr. Finnegan was not hired by a third party to build the Acapulco house; his receipt of any money from his work on the Acapulco house was conditioned upon its sale; and petitioners were responsible for selling the Acapulco house. After reviewing all the facts and circumstances, we find that the real estate activity was not part of petitioners' construction consulting business. Petitioners, therefore, were not entitled to deduct the additional expenses as costs of the construction consulting business. B. Whether the Real Estate Activity Was a Separate Trade or Business Deductions are a matter of legislative grace, and taxpayers bear the burden of proving that they are entitled to any deductions claimed. Rule 142(a); INDOPCO, Inc. v. Commissioner,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011