Oliver W. and Edna D. Wilson - Page 24




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          II.  The Trade or Business Requirement of Section 162                       
               Section 162(a) authorizes a taxpayer to deduct ordinary and            
          necessary expenses incurred in carrying on a trade or business.             
          Petitioners summarily allege that they operated a Schedule C                
          trade or business, i.e., a restaurant/nightclub facility, and               
          that they properly deducted expenses incurred in operating the              
          trade or business on Schedules C to their 1992 and 1993 returns.            
          Petitioners also summarily allege that they properly deducted               
          NOLs carried forward from 1990 and 1991 arising from expenses               
          they incurred and paid with respect to the same business.  See              
          infra part VI.  Respondent contends that petitioners had not yet            
          started their restaurant/nightclub business in 1990, 1991, 1992,            
          or 1993 and that the expenses in question were not incurred in              
          carrying on an existing trade or business.                                  
               Whether a taxpayer is engaged in a trade or business                   
          requires an examination of the relevant facts and circumstances.            
          Commissioner v. Groetzinger, 480 U.S. 23, 36 (1987).  In                    
          conducting the examination, we look to see whether the taxpayer             
          has undertaken the activity with the intent to make a profit,               
          whether the taxpayer is regularly and actively involved in the              
          activity, and whether the taxpayer’s business activity has                  
          actually commenced.  McManus v. Commissioner, T.C. Memo. 1987-              
          457, affd. without published opinion 865 F.2d 255 (4th Cir.                 
          1988).                                                                      






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