- 6 - the record, however, we are satisfied that petitioners were actively engaged in business in 1995 under the name Solarsys with the primary purpose of making a profit. Petitioners’ activity attempting to establish distributors to sell their generators was conducted with regularity and continuity. Their activity went beyond the mere startup phase. In 1995 the generator was available for sale, and five individuals purchased the generator for resale. The fact that these individuals eventually returned the generators for a refund does not undermine a conclusion that petitioners were engaged in business. Further, nothing in the record suggests that petitioners’ activity attempting to develop a market for their generators was not undertaken with the primary purpose of making a profit. See Golanty v. Commissioner, 72 T.C. 411, 426 (1979), affd. without published opinion 647 F.2d 170 (9th Cir. 1981); sec. 1.183-2(a) and (b), Income Tax Regs. The next consideration is whether the expenses petitioners claimed on their Schedule C are ordinary and necessary business expenses. See sec. 162(a); Commissioner v. Lincoln Sav. & Loan Association, 403 U.S. 345, 352 (1971); Welch v. Helvering, 290 U.S. 111, 113 (1933). “Ordinary” has been defined in the context of section 162(a) as that which is “normal, usual, or customary” in the taxpayer's trade or business. Deputy v. du Pont, 308 U.S. 488, 495 (1940). “Necessary” has been construed to meanPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011