- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011