Thomas A. and Maria M. Hagman - Page 7




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          petitioner’s relationship with Buck Sales or how the amounts                 
          spent by petitioner, such as the legal or consulting fees,                   
          related to a business or investment activity.  Petitioner claims             
          that these amounts are deductible because they involved the                  
          investigation of a possible investment opportunity.  Section                 
          212(1) or (2) permits a deduction for all ordinary and necessary             
          expenses paid for the production or collection of income or                  
          maintenance of property held for the production of income.                   
          However, expenses deductible under section 212(1) or (2) must                
          relate to income-producing property or property rights in which              
          the taxpayer has an existing interest.  Frank v. Commissioner, 20            
          T.C. 511, 514 (1953); Beck v. Commissioner, 15 T.C. 642, 670                 
          (1950), affd. per curiam 194 F.2d 537 (2d Cir. 1952).                        
          Petitioners have not shown that the expenditures petitioner made             
          relate to income-producing property or property rights in which              
          petitioner had an existing interest; therefore these expenses are            
          not deductible under section 212(1) or (2).                                  
               Section 165(c)(2) authorizes a deduction for losses incurred            
          by individuals and not compensated for by insurance or otherwise             
          which are “incurred in any transaction entered into for profit”.             
          Petitioner has not shown that the expenditures qualify for a                 
          deduction under section 165(c)(2).  Petitioner did not show                  
          whether he had a profit motive with respect to the expenditures.             
          He also failed to show that he was involved in a “transaction” as            
          that term is used in the statute.  In Seed v. Commissioner, 52               
          T.C. 880, 885 (1969), it was explained that “the phrase ‘a                   


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