- 6 - In general, section 162(a)1 allows a deduction for all ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. In order for an activity to be considered a taxpayer's trade or business for purposes of section 162, the activity must be conducted “with continuity and regularity” and “the taxpayer's primary purpose for engaging in the activity must be for income or profit”. Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987). Respondent argues that the deductions here in dispute are not allowable under section 162(a). According to respondent, petitioners’ horse racing activity did not constitute a trade or business during the year in issue because petitioners did not engage in that activity for profit. The test of whether a taxpayer conducted an activity for profit is whether he or she entered into, or continued, the activity with the actual or honest objective of making a profit. See Keanini v. Commissioner, 94 T.C. 41, 46 (1990); Dreicer v. Commissioner, 78 T.C. 642, 644-645 (1982), affd. without published opinion 702 F.2d 1205 (D.C. Cir. 1983); sec. 1.183- 2(a), Income Tax Regs. The taxpayer's profit objective must be bona fide, taking into account all of the facts and circumstances. See Keanini v. Commissioner, supra at 46; Dreicer 1Unless otherwise indicated, section references are to the Internal Revenue Code in effect for 1994. Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011