- 4 - Upon examining petitioner's returns for the years in contest, the Commissioner determined that petitioner's income was reportable as pension income and not as Schedule C income. Respondent also determined that because petitioner was not engaged in a trade or business or an activity for the production of income, he is not entitled to the deductions claimed on the Schedules C. Discussion Because there is no factual dispute in this case, section 7491 is inapplicable. Section 162 allows a deduction for certain expenses incurred "in carrying on" a trade or business. During the years at issue, petitioner was retired due to disability and not engaged in a trade or business or an activity for profit. Petitioner received only pension income; he did not receive any gross receipts or sales amounts. But petitioner argues that he intended to reenter the insurance business, at some point, and the expenses he incurred are therefore deductible business expenses. Petitioner's argument raises the issue of the "hiatus principle", where the temporary cessation of a trade or business does not preclude a determination that the taxpayer was "carrying on" a trade or business during that period. See Haft v. Commissioner, 40 T.C. 2, 6 (1963); Sherman v. Commissioner, T.C. Memo. 1977-301 (and cases cited therein). Under the principle, aPage: Previous 1 2 3 4 5 6 7 Next
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