Michael Paul Remler and Pauline M. Velez - Page 7

                                        - 7 -                                         
          ordinary and necessary to the conduct of the trade or business.             
          Paragraphs (1) and (2) of section 212 allow the taxpayer to                 
          deduct expenses incurred in connection with an activity engaged             
          in for the production or collection of income, or for the                   
          management, conservation, or maintenance of property held for the           
          production of income.                                                       
               A taxpayer must show that he engaged in an activity with an            
          actual and honest objective of making a profit in order to deduct           
          expenses of the activity under either section 162 or 212.                   
          Antonides v. Commissioner, 91 T.C. 686, 693 (1988), affd. 893               
          F.2d 656 (4th Cir. 1990); Beck v. Commissioner, 85 T.C. 557, 569            
          (1985); Dreicer v. Commissioner, 78 T.C. 642, 645 (1982), affd.             
          without opinion 702 F.2d 1205 (D.C. Cir. 1983); Golanty v.                  
          Commissioner, 72 T.C. 411, 425 (1979), affd. without published              
          opinion 647 F.2d 170 (9th Cir. 1981).  While the expectation of             
          making a profit need not be reasonable, the facts and                       
          circumstances must indicate that the taxpayer entered into the              
          activity, or continued it, with the objective of making a profit.           
          Antonides v. Commissioner, supra at 694; Beck v. Commissioner,              
          supra, Dreicer v. Commissioner, supra; Golanty v. Commissioner,             
          supra at 425-426.                                                           
               The question of whether a taxpayer engages in an activity              
          with the intention of making a profit is one of fact to be                  
          resolved on the basis of all the surrounding facts and                      






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011