- 5 - Discussion Deductions are allowed under section 162 for the ordinary and necessary expenses of carrying on an activity which constitutes the taxpayer's trade or business. Deductions are allowed under section 212 for expenses paid or incurred in connection with an activity engaged in for the production or collection of income, or for the management, conservation, or maintenance of property held for the production of income. To be engaged in a trade or business within the meaning of section 162, “the taxpayer must be involved in the activity 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). In addition, the taxpayer’s business operations must actually have commenced. See Thomason v. Commissioner, T.C. Memo. 1997-480; Scagliotta v. Commissioner, T.C. Memo. 1996-498; McManus v. Commissioner, T.C. Memo. 1987-457, affd. per curiam without published opinion 865 F.2d 255 (4th Cir. 1988). An examination of the facts and circumstances of each case is necessary to determine whether a taxpayer is carrying on a trade or business. See Commissioner v. Groetzinger, supra at 36. It is unclear on what basis respondent determined that petitioners’ activity with respect to Solarsys did not constitute a business in 1995. Upon consideration of all the evidence inPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011