John R. and Lois J. McCarthy - Page 5




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            proper place.  Furthermore, petitioner is of the opinion that                              
            since he spent some of the income on his writing activity it                               
            should be reported on Schedule C.                                                          
                  The various income items are not properly reportable on                              
            Schedule C pertaining to the writing activity.  Indeed, these                              
            income items were derived from separate activities or                                      
            transactions apart from petitioner’s writing activity.                                     
            Therefore, income from other activities cannot be offset by                                
            expenses from petitioner’s writing activity.  The compensation                             
            received from the video production and the lecturing fee are                               
            properly reportable as “Other income” on line 21 of Form 1040.3                            
            The interest income is properly reportable on Schedule B,                                  
            Interest and Dividend Income.4                                                             




                  3  For an activity to be considered a trade or business, the                         
            taxpayer must be engaged in the activity with continuity and                               
            regularity.  See Commissioner v. Groetzinger, 480 U.S. 23, 35                              
            (1987).  The income derived from consulting and lecturing was not                          
            earned from activities in which petitioner engaged with                                    
            continuity and regularity.  Therefore, this income would not be                            
            reported on separate Schedules C for each activity.                                        
                  4  After trial, respondent moved to amend his pleadings to                           
            conform to the evidence and to seek an increased deficiency.  See                          
            sec. 6214(a); Rule 41.  Petitioners had no objection, and the                              
            motion was granted.  Based upon respondent’s amendment to answer,                          
            the deficiency for 1993 is unchanged, the deficiency for 1994 is                           
            increased to $2,888, and the deficiency for 1995 is decreased to                           
            $6,362.  This is based on the recharacterization of the income                             
            claimed on Schedules C and a pension income adjustment for 1995                            
            in petitioners’ favor.  There are also Social Security benefit                             
            adjustments which are computational.                                                       





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