- 14 - business of buying and selling real estate, or that petitioner's Florida condo activity was conducted on a regular and continuous basis. McManus v. Commissioner, supra. Petitioner failed to satisfy his burden of proving that the Florida condo activity rose to the level of a trade or business within the meaning of section 162. Accordingly, petitioners are not entitled to deduct, under section 162, any expenses incurred in connection with the Florida condominium, which they claimed on Schedule C of their 1991 return. Respondent is sustained on this determination. However, section 212 allows as a deduction all the ordinary and necessary expenses paid during the year for the production or collection of income, section 212(1), or for the management, conservation, or maintenance of property "held for the production of income", section 212(2). Section 167(a)(2) allows as a deduction a reasonable allowance for depreciation of property "held for the production of income." The phrase "held for the production of income" has the same meaning in section 212 and section 167. Mitchell v. Commissioner, 47 T.C. 120, 129 (1966). Expenses and depreciation may be deducted only if the property is held for production of income during the taxable year at issue. Meredith v. Commissioner, 65 T.C. 34, 41 (1975). Section 1.212- 1(b), Income Tax Regs., provides:Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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