- 7 - OPINION Section 162(a) allows a deduction for all ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business. To be engaged in a trade or business within the meaning of section 162, “the taxpayer must be involved in the activity 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). Petitioner asserts that, during 1993, he was engaged in the trade or business of writing on the topics of religion and philosophy, of working towards creating a homeless shelter, and/or of being a lecturer/teacher. Respondent asserts that petitioner was not engaged in any such business activities during 1993 except as an employee, and that he was writing for “mere personal enjoyment”. We agree with respondent. With respect to petitioner’s lecturing/teaching activities, the only remuneration received by him was Form W-2 wage income from the INS, Chapman University, and the Navy. We find that petitioner did not perform teaching or lecturing activity separate and apart from this employment. Clearly, petitioner is not entitled to Schedule C deductions for expenses relating to wage income. It is possible that petitioner is entitled to a Schedule A employee business expense deduction for overnightPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011