- 27 - 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”.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011