- 40 - regarded R.K. as “a separate entity” for tax and accounting purposes. We conclude, and we have found, that R.K. was not part of Laney’s trade or business of offering his services as a consultant. Because R.K. had not yet gone into operation when Laney suffered his reverses and, in 1983, his loss in connection therewith, Laney’s 1983 R.K. loss was not a loss attributable to a trade or business, and so could not enter into the computation of a net operating loss. Sec. 172(d)(4); Todd v. Commissioner, 77 T.C. 246 (1981), affd. 682 F.2d 207 (9th Cir. 1982). We hold, for respondent, that Laney’s claimed 1983 loss did not arise from a trade or business. D. Nature and Amount of Loss Respondent concedes that R.K. was a transaction entered into for profit, within the meaning of section 165(c)(2). We have held that Laney’s 1983 R.K. loss could not be carried forward as a theft loss, a casualty loss, or a trade or business loss. Petitioners have not suggested, and we have not found, any other ordinary loss that could be carried from 1983 to the years before the Court.14 14 Neither side discusses sec. 195, relating to deductibility of startup expenditures. Laney’s testimony about his pre-1983 notions of proper accounting procedures, his promises to clarify matters later in the trial, and his brief (continued...)Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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