Malcolm Elwood McClain - Page 10




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               The Court finds that petitioner has not shown that he is               
          entitled to a dependency exemption deduction for Stacy Brown for            
          1994 or 1995.                                                               
          Schedule C Activities                                                       
               Petitioner provided to respondent, for the years under                 
          consideration, Schedules C for five different activities that               
          petitioner claims were operated as businesses.  Deductions are              
          allowed under section 162 for the ordinary and necessary expenses           
          of carrying on an activity that constitutes the taxpayer’s trade            
          or business.  Deductions are allowed under section 212(1) and (2)           
          for expenses paid or incurred in connection with an activity                
          engaged in for the production or collection of income or for the            
          management, conservation, or maintenance of property held for the           
          production of income.                                                       
               Petitioner, in order to show that he was engaged in a trade            
          or business, must show not only that his primary purpose for                
          engaging in the activity was for income or profit but also that             
          he engaged in the activity with “continuity and regularity”.                
          Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987).                        
               With respect to either section, however, the taxpayer must             
          demonstrate a profit objective for the activity in order to                 
          deduct associated expenses.  See Jasionowski v. Commissioner, 66            
          T.C. 312, 320-322 (1976); sec. 1.183-2(a), Income Tax Regs.  The            
          profit standards applicable for section 212 are the same as those           







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