Earl L. Miller and Nancy B. Miller - Page 8

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                  In the notice of deficiency sent to petitioners on October                            
            7, 1996, for each year in issue respondent disallowed the net                               
            losses reported on the Schedules C attributable to petitioner's                             
            writing activity because "it has not been established that * * *                            
            [petitioner's writing activity] was a business entered into for                             
            profit."  Because petitioners' 1994 Federal income tax liability                            
            was increased as a result of the disallowance, respondent                                   
            increased the foreign tax credit claimed on petitioners' 1994                               
            Federal income tax return.  In an amendment to answer, respondent                           
            further alleged that the deduction attributable to the cruise                               
            should be disallowed pursuant to section 274(h)(2).                                         
                                               OPINION                                                  
                  In general, section 162(a) allows a deduction for all                                 
            ordinary and necessary expenses paid or incurred during the                                 
            taxable year in carrying on a trade or business.  The term "trade                           
            or business" is not precisely defined in the Internal Revenue                               
            Code or the regulations promulgated thereunder; however, it is                              
            well established that in order for an activity to be considered a                           
            taxpayer's trade or business for purposes of section 162, the                               
            activity must be conducted "with continuity and regularity" and                             
            "the taxpayer's primary purpose for engaging in the activity must                           
            be for income or profit."  Commissioner v. Groetzinger, 480 U.S.                            
            23, 35 (1987).                                                                              







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