Is Your Activity For Profit Allowing for Business Deductions – Rundlett v. Commissioner
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Is Your Activity For Profit Allowing for Business Deductions – Rundlett v. Commissioner

Business Entity Selection and the Tax Consequences of Converting

Is Your Activity For Profit Allowing for Business Deductions – Rundlett v. Commissioner

You are allowed deductions for ordinary and necessary expenses incurred in the course of business under §162, but you must also keep adequate records to substantiate expenses which can at times seem esoteric if not convoluted. Deductible travel expenses for example under §274(d) are based on whether or not the travel relates to a business activity or is for pleasure, while §162(a)(2) specifically states the amounts cannot be lavish or extravagant under the circumstances.

No single factor or set of factors can determine if you are engaged in a business activity for profit, but all facts and circumstances must be taken into account §183-2(b)Three common questions are considered when determining whether or not the activity is for profit or a hobby subject to the hobby loss rules under §183.

• Did you conduct the activity in a manner similar to comparable activities that are profitable?

• Did you maintain complete and accurate books and records for the activity?

• Did you change operating procedures, adopt new techniques or abandon unprofitable methods to ensure profitability of the activity?

According to Douglas Rundlett, et ux. v. Commissioner TC Memo 2011-22, even though you may conducted an activity in a businesslike manner you should also demonstrate that you adopt new techniques or strategies to limit future losses or risk being viewed as being engaged in a not for profit activity or hobby.



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