Paul Trans and Thuy Bich Dang - Page 18




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          has allowed petitioners' claimed Schedule C deductions to the               
          extent of their reported gross receipts from this activity (i.e.,           
          $15,535).                                                                   

          Discussion                                                                  
               In general, section 162(a) allows a deduction for ordinary             
          and necessary business expenses paid or incurred during the                 
          taxable year in carrying on a trade or business.  Whether a                 
          taxpayer is carrying on a trade or business requires an                     
          examination of all the relevant facts.  See Commissioner v.                 
          Groetzinger, 480 U.S. 23, 26 (1987).  The burden of proof is on             
          petitioners.  See Rule 142(a).                                              
               The parties agree that these three factors are relevant in             
          determining whether a trade or business exists:  (1) whether the            
          taxpayer undertook the activity intending to make a profit; (2)             
          whether the taxpayer was regularly and actively involved in the             
          activity; and (3) whether the taxpayer’s business operations have           
          actually commenced.  See McManus v. Commissioner, T.C. Memo.                
          1987-457, affd. per curiam without published opinion 865 F.2d 255           
          (4th Cir. 1988) and cases cited therein.                                    
               The record does not establish that petitioners satisfy any             
          of these factors.  First, there is no evidence as to whether                
          petitioners engaged in this purported activity with “the basic              
          and dominant intent” of making a profit.  See Hirsch v.                     
          Commissioner, 315 F.2d 731, 736 (9th Cir. 1963), affg. T.C. Memo.           
          1961-256.  The determination of a profit objective is based on              


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