- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011