- 15 - than those specified in section 280A(b). No other rental expenses are allowable under section 280A, because during 1993 the property was never rented at a fair rental. See sec. 280A(e); McDonald v. Commissioner, T.C. Memo. 1991-242; Bindseil v. Commissioner, T.C. Memo. 1983-411; Gilchrist v. Commissioner, T.C. Memo. 1983-288; Saunders v. Commissioner, T.C. Memo. 1982- 322. Loss on Sale Section 165 allows individual taxpayers to take a deduction for losses incurred in a "trade or business" and "any transaction entered into for profit". Sec. 165(c)(1) and (2). Accordingly, once it has been established that a taxpayer held property in a trade or business or for the production of income and that his or her motives were profit driven, that individual may, subject to certain limitations,6 deduct any subsequent loss incurred on the disposition of the property. Trade or Business Petitioners assert that petitioner was engaged in the trade or business of renting her property. 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, 6For example, if an individual taxpayer sustains a loss on the sale of a capital asset, the taxpayer's deduction for that loss would ordinarily be subject to the limitations applicable to capital losses, notwithstanding that the property was held for the production of income. See sec. 1211.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011