Kenneth W. and Fayetta Graves - Page 8

                                        - 8 -                                         
               Respondent relies on section 62 and the related regulations            
          in contending that bad debt deductions in connection with the               
          trade or business of being an employee are treated as itemized              
          deductions.  Section 62 provides in part:                                   
                    SEC. 62(a).  General Rule.--For purposes of this                  
               subtitle, the term “adjusted gross income” means, in the               
               case of an individual, gross income minus the following                
               deductions:                                                            
                         (1) Trade and business deductions.--The                      
                    deductions allowed by this chapter (other than by                 
                    part VII of this subchapter) which are                            
                    attributable to a trade or business carried on by                 
                    the taxpayer, if such trade or business does not                  
                    consist of the performance of services by the                     
                    taxpayer as an employee.  [Emphasis added.]                       
          The statute provides, with exceptions none of which are                     
          applicable here, that a taxpayer may not deduct as a trade or               
          business deduction items connected with the performance of                  
          services as an employee.  The parties stipulated that                       
          petitioner’s trade or business of operating KPS consisted of his            
          performance of services as an employee.  Under the statute, items           
          connected with the performance of those services are not                    
          deductible in arriving at adjusted gross income.                            
               Section 1.62-1T(d), Temporary Income Tax Regs., 53 Fed. Reg.           
          9874 (Mar. 28, 1988), further amplifies this point as follows:              
          “For the purpose of the deductions specified in section 62, the             
          performance of personal services as an employee does not                    
          constitute the carrying on of a trade or business, except as                
          otherwise expressly provided.”  Because petitioner’s trade or               





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011