Harry E. Thomason and Estate of Hattie D. Thomason, Deceased, Mary T. Crist, Personal Representative - Page 11

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          that petitioners were engaged in the following activities during            
          1991, which petitioner contends constituted a trade or business             
          activity for purposes of section 162(a):  (1) The ownership and             
          holding for sale or lease of a condominium in Manatee County,               
          Florida (Florida condominium activity); (2) "lawyering" (legal              
          activity); and (3) research, inventing and teaching in the field            
          of solar energy (solar energy activity).7  Respondent contends              
          that none of these activities rose to the level of a trade or               
          business within the meaning of section 162, and, therefore, none            
          of the expenses attributable thereto are deductible on Schedule             
          C.                                                                          
               Section 162 allows a deduction for "Trade or Business                  
          Expenses", which are "all the ordinary and necessary expenses               
          paid or incurred during the taxable year in carrying on any trade           
          or business".  Sec. 162(a).8  The inquiry as to whether a                   
          taxpayer is carrying on a trade or business is dependent on the             
          facts and circumstances of each case.  Commissioner v.                      
          Groetzinger, 480 U.S. 23, 36 (1987).                                        

          7                                                                           
               Petitioner asserted that he and Mrs. Thomason were engaged             
          in "a number of activities" to make a profit during 1991.                   
          However, the Court is satisfied that the relevant deductions on             
          Schedule C of their return pertain to only the three activities             
          described.                                                                  
          8                                                                           
               Cash basis taxpayers must establish:  (1) That the expenses            
          were paid; (2) that they were paid during the year in issue;                
          (3) that they were paid in furtherance of a trade or business;              
          and (4) that they were ordinary and necessary expenses of the               
          trade or business.  Sec. 1.162-1, Income Tax Regs.                          




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