- 7 - 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 ‘aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011