- 4 - Gross receipts or sales $10 Cost of goods sold -0- Gross profit 10 Advertising 275 Car and truck expense 7,351 Insurance 1,925 Supplies 14,761 Taxes and licenses 100 Utilities 502 Professional dues 225 Business use of home 154 Net profit (loss) (25,283) In the notice of deficiency, respondent determined that the activities listed on each of the Schedules C filed in 1996, 1997, and 1998, and the “developmental research” Schedule C in 1999, did not “constitute bona fide business ventures entered into for profit”.2 Respondent accordingly disallowed the deductions claimed for the expenses on each of these schedules and recharacterized the gross profits shown thereon as “other income”. Under section 162(a), a taxpayer may deduct the ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. A taxpayer is engaged in a trade or business if the taxpayer is involved in the activity with continuity and regularity and with the primary purpose of making a profit. Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987). 2The record is not clear why this determination was not made with respect to the 1999 “mental health and other services” Schedule C.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011