- 24 - 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).Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011