- 16 - The record does not contain a copy of the envelope in which petitioners mailed their 1995 return. On petitioners’ Federal income tax returns for 1993, 1994, and 1995, petitioners deducted Schedule F expenses of $22,665, $38,738, and $25,162, respectively. Petitioners also deducted Schedule C expenses of $1,072 and $1,365 for tax years 1993 and 1994, respectively. In a notice of deficiency for the 1993, 1994, and 1995 taxable years, respondent determined that petitioners did not engage in their horse breeding activity or their NSA water and air filtration activity with an actual and honest objective of making a profit, and that the expenses incurred in connection with each respective activity were therefore deductible only to the extent of income earned from that activity. Respondent further determined that petitioners are liable for accuracy- related penalties for all years in issue, and additions to tax for failure to timely file their 1994 and 1995 returns. K. Discussion Section 162 allows deductions for ordinary and necessary expenses paid or incurred in carrying on a trade or business. To be engaged in a trade or business, “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,Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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