- 8 - OPINION Section 162 allows a deduction for all the ordinary and necessary expenses paid or incurred while carrying on a trade or business. Section 167(a) allows a depreciation deduction for property used in the trade or business or held for the production of income. For an activity to constitute a trade or business, it is well settled that “the taxpayer must be involved in the activity with continuity and regularity and that 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). To determine whether petitioners are carrying on a trade or business requires an examination of the facts. See Higgins v. Commissioner, 312 U.S. 212, 217 (1941). Petitioners bear the burden of proof. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioners claim that they were engaged in the trade or business of manufacturing vending machines.3 It is undisputed, however, that there was no significant manufacturing activity after February 1988, when the manufacturing equipment was relocated from Huntsville to Brownsboro and work on the Ford 3 Although petitioners’ Schedules C for taxable years 1988, 1989, and 1990 list the business as “equipment rental”, petitioners have not argued at trial or on brief that they were ever engaged in such a trade or business.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011