Richard Lewis Field - Page 6

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          Sales are businesses.2  The parties disagree on whether Field               
          Investment Management is a business and whether the associated              
          expenses are ordinary and necessary.                                        
               The Court finds, after a review of the record, that                    
          petitioner’s activities with respect to Field Investment                    
          Management amount to personal investment management and not a               
          trade or business.  Petitioner was employed full time as a                  
          mechanical engineer.  He did not have a written business plan for           
          his alleged investment advisory service.  In his credit card                
          accounts, petitioner did not segregate his personal expenses from           
          his business expenses.  Although petitioner had been involved in            
          his investment activity for 40 years, petitioner had not earned             
          any income from the investment activity prior to 2001.  Thus,               
          Field Investment Management had no income for the year 2000.                
               Petitioner further testified that he did not have any                  
          clients for whom he invested or managed money.  All investment              
          accounts were held in his name.  During 2000, he had never                  
          charged any person a commission or fee for his alleged investment           
          advisory service.  Petitioner conceded that the totality of the             
          commissions and fees claimed as expenses on his Schedule C were             
          related to his own personal investment activities.                          

               2Although petitioner listed “Richard L. Field, Ph.D.,                  
          Consulting Engineer” on Schedule C, he correctly reported the               
          wages from his employer, Lockheed Martin Corporation, on line 7             
          of his return.  Petitioner did not argue that any of the expense            
          deductions claimed on Schedule C were related to his employment.            





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Last modified: May 25, 2011