George R. and Donelle C. Hawthorne - Page 17




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               Petitioners contend in the alternative that if the Court                
          were to sustain respondent's determinations disallowing the                  
          expenses that they claimed in Schedules C of their 1993 and 1994             
          returns, they should be allowed to deduct those expenses as                  
          Schedules A deductions for those years.  Respondent disagrees                
          except for the real estate taxes conceded by respondent, see                 
          supra note 6.                                                                
               Section 212(2) allows a deduction for all the ordinary and              
          necessary expenses paid or incurred during the taxable year for              
          the management, conservation, or maintenance of property held for            
          the production of income.  Whether property is held for the                  
          production of income is a question of fact to be determined from             
          all the facts and circumstances.  Sec. 1.212-1(c), Income Tax                
          Regs.  In order to be entitled to a deduction under section                  
          212(2), the taxpayer must have a bona fide profit-making motive              
          in holding the property in question.  Riss v. Commissioner, 56               
          T.C. 388, 421 (1971), affd. in part and remanded 478 F.2d 1160               
          (8th Cir. 1973), and affd. sub nom. Commissioner v. Transport                
          Manufacturing & Equip. Co., 478 F.2d 731 (8th Cir. 1973).                    
               We have found that throughout the years at issue and there-             
          after to the time of the trial in this case Mr. Hawthorne had not            
          decided what to do with the properties.  On the present record,              


          7(...continued)                                                              
          respective bases in the properties and have not shown how any                
          such bases are to be allocated between nondepreciable land and               
          depreciable buildings.  Consequently, they are not entitled under            
          sec. 167 to depreciation deductions with respect to the                      
          properties for 1993 and 1994.                                                

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