Benjamin O. & Linda L. Agbaniyaka - Page 16




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          2004; (4) other expenses relating to the Dodge van of $1,800,               
          $100, $170, and $155 claimed for petitioners’ respective taxable            
          years 2001 through 2004; (5) bank service charges of $240, $240,            
          and $262 for petitioners’ respective taxable years 2001 through             
          2003 and an unidentified amount of bank service charges for their           
          taxable year 2004; (6) $183, $158,13 and $63 of the total premi-            
          ums for their homeowner’s insurance policy for petitioners’                 
          respective taxable years 2001 through 2003; and (7) delinquent              
          New York state sales tax of $1,100 claimed for petitioners’                 
          taxable year 2004.                                                          
               In order for a taxpayer to be carrying on a trade or busi-             
          ness within the meaning of section 162(a), the taxpayer must be             
          involved in the activity with continuity and regularity.  Commis-           
          sioner v. Groetzinger, 480 U.S. 23, 35 (1987).  A sporadic                  
          activity will not qualify as carrying on a trade or business for            
          purposes of section 162(a).  Id.  In addition, the taxpayer’s               
          primary purpose for carrying on the activity must be for income             
          or profit.  Id.                                                             
               On the record before us, we find that petitioners have                 
          failed to carry their burden of establishing that during each of            
          the years at issue Mr. Agbaniyaka was involved in his claimed               
          arts and crafts business with continuity and regularity and that            
          the primary purpose for the activities that he undertook with               

               13See supra note 12.                                                   





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