- 6 - expenses are deductible, they are deductible as “below the line” deductions pursuant to section 212. We agree with respondent. The Internal Revenue Code does not define the term “trade or business”. Commissioner v. Groetzinger, 480 U.S. 23, 27 (1987); Estate of Yaeger v. Commissioner, 889 F.2d 29, 33 (2d Cir. 1989), affg. 92 T.C. 180 (1989). Whether petitioner’s activities constituted a trade or business is a question of fact. See Higgins v. Commissioner, 312 U.S. 212, 217 (1941); Estate of Yaeger v. Commissioner, supra at 33; Mayer v. Commissioner, T.C. Memo. 1994-209; Paoli v. Commissioner, T.C. Memo. 1991-351. Petitioner has the burden of proof. See Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115 (1933).3 In determining whether a taxpayer’s trading activities constituted a trade or business, courts have distinguished between “traders” and “investors”. Moller v. United States, 721 F.2d 810, 813 (Fed. Cir. 1983); see also Levin v. United States, 220 Ct. Cl. 197, 597 F.2d 760, 765 (1979). Management of securities investments, regardless of the extent and scope of such activity, is seen as the work of a mere investor, “not the trade or business of a trader.” Estate of Yaeger v. 3 Under sec. 7491(a)(1), the burden of proof may shift to the Commissioner if the taxpayer introduces credible evidence with respect to any factual issue relevant to ascertaining the taxpayer’s proper tax liability and meets certain requirements under sec. 7491(a)(2). Petitioner did not raise an issue as to the application of sec. 7491, and we find that section is inapplicable to this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007