- 19 - $15,503, which is one-half of the two joint liabilities paid off by the proceeds of the CWSC 401(k) distribution, plus the $10,000 check given to Mr. Seidel from the proceeds of the CWSC 401(k) distribution in compliance with the Stipulation and Order. Therefore, petitioner is liable for the tax on the additional portion of the distribution in the amount of $21,467, which she has not reported and of which she was the beneficiary and alternate payee. As stated in Powell v. Commissioner, supra at 498-499: Our conclusion is not affected by the fact that initially the entire distribution was made to [petitioner]. We think [she] received the distribution * * * on behalf of the community and that [her] later payment to [Mr. Seidel], [by way of cash and relief of joint liabilities], was a transfer to [him] of funds that at all times belonged to [him]. 2. Schedule C Deductions for the Port of Mystery Under section 162, a taxpayer may deduct the ordinary and necessary expenses paid or incurred during the taxable year in carrying on his or her trade or business. A taxpayer is engaged in a trade or business if the taxpayer is involved in the activity (1) with continuity and regularity, and (2) with the primary purpose of making a profit. Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987); Antonides v. Commissioner, 893 F.2d 656, 659 (4th Cir. 1990), affg. 91 T.C. 686 (1988). Petitioner has the burden of proving that she was engaged in a trade or business, i.e., Port of Mystery, and that she isPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011