- 8 - 503 U.S. 79, 84 (1992). Taxpayers are allowed a deduction for ordinary and necessary expenses paid or incurred in carrying on a trade or business. Sec. 162(a). The Supreme Court has stated that "to be engaged in a trade or business, the taxpayer must be involved in the activity with continuity and regularity and that the taxpayer's primary purpose for engaging in the activity must be for income or profit. A sporadic activity, a hobby, or an amusement diversion does not qualify." Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987). Whether a taxpayer is in a trade or business requires an examination of the facts and circumstances of each case. Higgins v. Commissioner, 312 U.S. 212, 217 (1941); see also Commissioner v. Groetzinger, supra at 36. A taxpayer may engage in more than one trade or business at the same time. Snyder v. Commissioner, 295 U.S. 134, 138-139 (1935); Gestrich v. Commissioner, 74 T.C. 525, 529 (1980), affd. without published opinion 681 F.2d 805 (3d Cir. 1982). A taxpayer who engaged in only one venture can be found to be in a trade or business. See Morley v. Commissioner, 87 T.C. 1206, 1211 (1986); S & H, Inc. v. Commissioner, 78 T.C. 234, 244 (1982). These two cases, however, are distinguishable from the case at bar. In S & H, Inc. v. Commissioner, supra, the taxpayer's primary business was acquiring improved real property and eitherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011