- 14 - the opportunity to develop evidence regarding, among other things, the appropriate allocation of expenses if we were to find two or more separate activities--an issue as to which the record currently is silent. In any event, even if we were to consider respondent’s new “separate activity” argument, we would be unpersuaded of its merits. Section 1.183-1(d)(1), Income Tax Regs. (to which respondent has not alluded), provides as follows: In order to determine whether, and to what extent, section 183 and the regulations thereunder apply, the activity or activities of the taxpayer must be ascertained. For instance, where the taxpayer is engaged in several undertakings, each of these may be a separate activity, or several undertakings may constitute one activity. In ascertaining the activity or activities of the taxpayer, all the facts and circumstances of the case must be taken into account. Generally, the most significant facts and circumstances in making this determination are the degree of organizational and economic interrelationship of various undertakings, the business purpose which is (or might be) served by carrying on the various undertakings separately or together in a trade or business or in an investment setting, and the similarity of various undertakings. Generally, the Commissioner will accept the characterization by the taxpayer of several undertakings either as a single activity or as separate activities. The taxpayer’s characterization will not be accepted, however, when it appears that his characterization is artificial and cannot be reasonably supported under the facts and circumstances of the case. * * * [Emphasis added.] We do not believe that petitioner’s characterization of his Schedule C activities as one activity is “artificial and cannot be reasonably supported under the facts and circumstances of the case.” Id. The facts indicate substantial linkage betweenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011