Richard Lewis Field - Page 7

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               Personal investment management does not constitute the                 
          carrying on of a trade or business, irrespective of the extent of           
          the investments or the amount of time required to perform the               
          managerial functions.  Whipple v. Commissioner, 373 U.S. 193,               
          199-200 (1963); Higgins v. Commissioner, 312 U.S. 212, 216                  
          (1941); Wilson v. United States, 376 F.2d 280, 293 (1967).                  
          Petitioner’s investment activities, as a whole, are not                     
          sufficient to constitute the carrying on of a trade or business             
          within the meaning of section 162.  Consequently, any deduction             
          allowable in connection with activities relating to personal                
          investment management must meet the requirements under section              
          212.  See Commissioner v. Groetzinger, 480 U.S. 23, 30 n.9                  
          (1987).                                                                     
               “Ordinary and Necessary” Expenses Under Section 212                    
               Section 212 allows as a deduction all ordinary and necessary           
          expenses paid or incurred during the taxable year for the                   
          production or collection of income, or for the management,                  
          conservation, or maintenance of property held for the production            
          of income.  Sec. 212(1) and (2).  “Ordinary and necessary” means            
          that the expenses must be reasonable in amount and must bear a              
          reasonable and proximate relation to the production or collection           
          of taxable income.  Bingham’s Trust v. Commissioner, 325 U.S.               
          365, 370 (1945); sec. 1.212-1(d), Income Tax Regs.                          







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Last modified: May 25, 2011