Laura D. Seidel - Page 19

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          $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 is                 







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