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