Anthony J. Carino, Jr. and Jill V. Carino - Page 9




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          respondent disallowed as deductions relate to petitioners’                  
          daughter’s stay in Atlanta in 1996.                                         
                                     Discussion                                       
               Under section 162(a), taxpayers are allowed a deduction for            
          all ordinary and necessary expenses paid or incurred during the             
          taxable year in carrying on a trade or business.  To this end,              
          “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).  Under                 
          section 183(a), if an activity engaged in by an individual is not           
          engaged in primarily for profit, no deduction attributable to               
          such activity shall be allowed except to the extent allowable               
          under section 183(b), not relevant herein.  Section 183(c)                  
          defines an “activity not engaged in for profit” as “any activity            
          other than one with respect to which deductions are allowable for           
          the taxable year under section 162 or under paragraph (1) or (2)            
          of section 212.”                                                            
               In determining whether an individual engages in an activity            
          for profit, we consider all the facts and circumstances, Golanty            
          v. Commissioner, 72 T.C. 411, 426 (1979), affd. without published           
          opinion 647 F.2d 170 (9th Cir. 1981), including the following               
          factors identified in section 1.183-2(b), Income Tax Regs.:                 
               (1) Manner in which the taxpayer carries on the                        
                    activity;                                                         





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