Robert J. and Sylvia Deward - Page 5




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          of expenses petitioners incurred while on a trip to Europe in               
          2001 and of research expenses, all related to the proposed WWI              
          book.  In support of his claimed deductions, Mr. Deward provided            
          a letter from a publisher, Military History Press L.L.C., dated             
          August 15, 2005, saying that they would like to review his                  
          materials “with an eye to future publications”.  Mr. Deward also            
          provided a document titled “The Development of Military Doctrine            
          by the German and British Armies During the Course of the Great             
          War” which he presented to his local chapter of the “Great War              
          Society” in September 2006.                                                 
                                     Discussion                                       
               Section 162(a) generally allows a deduction for all ordinary           
          and necessary expenses paid or incurred during the taxable year             
          in carrying on a trade or business.  What constitutes a trade or            
          business is not statutorily defined; rather, it requires an                 
          examination of the facts in each case.  Commissioner v.                     
          Groetzinger, 480 U.S. 23, 36 (1987).  To be engaged in a trade or           
          business, the taxpayer must be involved in the activity with                
          continuity and regularity, and the taxpayer’s primary purpose for           
          engaging in the activity must be for income or for profit.  Id.             
          at 35.                                                                      
               Respondent alleges that as of the close of 2001, Mr. Deward            
          had not begun the actual writing of his book on WWI, nor had he             
          created an outline.  Respondent argues that Mr. Deward was,                 







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