- 6 - The rent or lease expense was based primarily on petitioners’ monthly rent of $550 for their personal residence. In the notice of deficiency, respondent disallowed the Schedule C deductions claimed by petitioners. However, to the extent of the income realized from the activity, respondent allowed certain of these expenses as miscellaneous itemized deductions.1 Respondent further determined that petitioners are liable for an accuracy-related penalty under section 6662(a). Discussion In general, section 162(a) allows a deduction for all ordinary and necessary expenses paid or incurred during the taxable year in carrying on a trade or business. The term “trade or business” is not precisely defined in the Internal Revenue Code or the regulations promulgated thereunder; however, it is well established that in order for an activity to be considered a taxpayer’s trade or business for purposes of section 162, the activity must be conducted “with continuity and regularity”, and “the taxpayer’s primary purpose for engaging in the activity must be for income or profit.” Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987). Personal, living, or family expenses may not be deducted. Sec. 262(a). 1 However, as the expenses allowed as itemized deductions are less than the standard deduction, the deficiency here in dispute takes into account the standard deduction.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011