- 4 - the period of January 1, 1995 through December 31, 1996. Two of those vehicles were sold to petitioners’ relatives. Upon examination of both years respondent disallowed the deductions claimed on Schedule C with respect to Mayo’s Auto Sales on the ground that the activity was not engaged in for profit. With respect to Schedule A, Itemized Deductions, deductions for 1995, respondent disallowed $2,663 of the $6,764 claimed for mortgage interest for lack of substantiation. With respect to the 1996 Schedule A deductions, respondent disallowed $6,817 of the $7,879 claimed for medical expenses for lack of substantiation. Respondent also determined that petitioners are liable for penalties under section 6662(a) for the years in issue. Discussion 1. Mayo’s Auto Sales Section 162(a) allows a deduction for ordinary and necessary expenses paid or incurred in carrying on a trade or business. Generally, under section 183(a) and (b) an individual is not allowed deductions attributable to an activity “not engaged in for profit” except to the extent of gross income generated by the activity. Section 183(c) defines an activity “not engaged in for profit” as any activity other than one for which deductions are “allowable * * * under section 162 or under paragraph (1) or (2) of section 212.” Essentially the test for determining whether anPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011