Gregory M. Bestor - Page 4




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          net loss of $8,279 in 1997 on his Schedule C.                               
               In 1997, petitioner reported $2,625 in rent received on his            
          Schedule E, Supplemental Income and Loss, attached to his 1997              
          return.  On the Schedule E, petitioner’s Hallwood residence was             
          listed as the rental real estate property.  Petitioner’s claimed            
          deductions attributable to the rental use of the Hallwood                   
          property in 1997 included:  (1) Cleaning and maintenance expense            
          of $565; (2) insurance expense of $369; (3) repairs expense of              
          $10,726; and (4) utilities expense of $2,401.  On his Schedule E,           
          petitioner reported a total rental real estate loss of $11,436.             
               Section 7491 does not apply in this case because petitioner            
          has not complied with all applicable substantiation requirements,           
          including those of section 274(d).  Sec. 7491(a)(2)(A).                     
               Respondent disallowed all of petitioner’s Schedule C                   
          expenses because he had not established that he was in a trade or           
          business and that the expenses were expended for the purposes               
          designated.                                                                 
               Section 162(a) allows a deduction for all the ordinary and             
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business.  To be deductible as a                   
          business expense, the expenditure must relate to activities which           
          constitute the current carrying on of an existing trade or                  
          business.  Corbett v. Commissioner, 55 T.C. 884, 887 (1971).                
          Whether activities carried on by an individual can be                       






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