- 7 - time treated his writing activity as an active trade or business. Although the taxpayer had no gross receipts from his writing activities in 1993 or 1994, the Court concluded that he had engaged in the conduct of a trade or business in 1993 and allowed some of his deductions.6 We believe that Mr. Deward’s activities can be distinguished from those of the taxpayer in Vitale. At trial, petitioners introduced numerous documents in support of Mr. Deward’s claimed expenses. Mr. Deward’s testimony at trial indicated that the transcript he presented to his local chapter of the “Great War Society” in September 2006 was the first material he had written with the intention of including it in the book. Mr. Deward conceded that those materials were written in the summer of 2006. He also testified that he received no gross receipts from the trade or business of writing books between 1997 and 2005. Mr. Deward presented no evidence establishing that he approached a publisher before receiving the letter from Military History Press L.L.C. in August 2005. Evidence of written materials that could potentially be included in a book and of communication with a publisher may indicate that Mr. Deward is interested in writing and publishing a book sometime in the future. However, these events occurred 6 Some of the taxpayer’s deductions were disallowed for reasons not relevant to the instant case. Vitale v. Commissioner, T.C. Memo. 1999-131, affd. without published opinion 217 F.3d 843 (4th Cir. 2000).Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007