Jack R. and Patricia J. Finnegan - Page 8

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          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 either            







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