Melvin L. Levinson - Page 4




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          of the net earnings from a trade or business carried on by an               
          individual.  See sec. 1402(a) and (b).  An individual is engaged            
          in a trade or business if such individual's activities are                  
          conducted with continuity and regularity, and primarily for                 
          income or profit.  See sec. 1402(c) (stating that the term "trade           
          or business" for the purposes of self-employment income generally           
          has the same meaning as it does for the purposes of section 162);           
          Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987).                        
               Petitioner was not engaged in the trade or business of                 
          inventing.  He did not develop or design inventions on a                    
          continuous or regular basis.  Petitioner testified:                         
               I could sit here in front of you all for the next year                 
               and I might not even think of an invention, never even                 
               come to my mind.  All of a sudden, I'll get two more                   
               [ideas] in a stroke of genius, they say, but it's                      
               really not a stroke of genius, it's just luck.                         
          Indeed, petitioner conducted his activities sporadically.                   
          Accordingly, the settlement awards and royalties petitioner                 
          received in 1993 and 1994 are not subject to self-employment tax.           
               Respondent determined that petitioner is not entitled to               
          deductions for the following: (1) $155 of automobile expenses               
          relating to 1993; (2) $565 and $1,130 of depreciation relating to           
          1993 and 1994, respectively; (3) $738 and $519 of utility                   
          expenses relating to 1993 and 1994, respectively; and (4) $7,406            
          and $3,401 of miscellaneous expenses relating to 1993 and 1994,             
          respectively.  Petitioner bears the burden of proof, yet has                





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