- 6 - extent deductible under section 165(d), would be deductible as an itemized deduction in the computation of taxable income. See, e.g., Gajewski v. Commissioner, 84 T.C. 980, 982 (1985); Johnston v. Commissioner, 25 T.C. 106, 108 (1955); see also secs. 67(a), 68(a), 151(d)(3). 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 defined in the Internal Revenue Code or the regulations. That said, it is well established that in order for an activity to be considered a trade or business for the 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). Petitioner testified at trial that playing video poker totally consumed his free time and caused him to lose a lot of money. But simply spending all of one’s free time on an activity does not transform that activity into a trade or business, nor does it make the participant a professional. Occasionally, devoting all of one’s free time to a particular activity may be a sign of addiction.9 Further, the amount of time spent engaged in 9 At trial, petitioner testified that he had himself barred from his usual casinos for 5 years to prevent him from continuing to gamble there.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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