- 5 - were in fact expenses incurred by or on behalf of RRI, such expenses are expenses of that corporation and are not deductible by petitioners on their individual return. During petitioners’ testimony regarding the operation of RRI and certain research-related expenses which were incurred, he interchangeably referred to the corporation and the Schedule C business. If indeed these expenses were incurred in a trade or business which was separate from the trade or business of the corporation, petitioners are not entitled to either the research- related miscellaneous itemized deductions or the Schedule C deductions for the reasons discussed below. A taxpayer generally may deduct the ordinary and necessary expenses paid or incurred during the taxable year in carrying on his trade or business. Sec. 162(a). 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). A taxpayer also is “allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year * * * for the production or collection of income”. Sec. 212(1). However, a taxpayer generally may not deduct personal, living, or family expenses. Sec. 262(a). We first address petitioners’ miscellaneous itemized deduction for “house expense” of $24,000. Petitioners calculatedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011