George G. Green - Page 27

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          are allowable as amounts paid for the production or collection of           
          income under section 212(1).  Expenses deducted under section               
          162(a) generally are subtracted in full from gross income to                
          arrive at adjusted gross income.  However, expenses deducted                
          under section 212 ordinarily are subtracted from adjusted gross             
          income to arrive at taxable income and are subject to certain               
          floor limitations in section 67(a).  A deduction under section              
          212 may also be limited by application of the alternative minimum           
          tax.  See sec. 56(b); see also Guill v. Commissioner, 112 T.C.              
          325, 328-329 (1999); Benci-Woodward v. Commissioner, T.C. Memo.             
          1998-395, affd. 219 F.3d 941 (9th Cir. 2000).  Additionally, net            
          operating losses, such as the ones petitioner is claiming, may              
          carryover under section 172 from the year in which they were                
          incurred to another year only if the losses were the result of              
          operating a trade or business within the meaning of section                 
          162(a).  See Eppler v. Commissioner, 58 T.C. 691, 696 (1972),               
          affd. 486 F.2d 1406 (7th Cir. 1973); see also Anderson v. United            
          States, 48 F.2d 201, 202 (5th Cir. 1931).                                   
               Section 162(a) permits a deduction for all “ordinary and               
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business”.  Deductions are allowed under           
          section 212(1) for “the ordinary and necessary expenses paid or             
          incurred during the taxable year * * * for the production or                
          collection of income”.                                                      






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