Jefferry Phuong Vo and Mai Xuan Nguyen - Page 7




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          the record, however, we are satisfied that petitioners were                 
          actively engaged in business in 1995 under the name Solarsys with           
          the primary purpose of making a profit.                                     
               Petitioners’ activity attempting to establish distributors             
          to sell their generators was conducted with regularity and                  
          continuity.  Their activity went beyond the mere startup phase.             
          In 1995 the generator was available for sale, and five                      
          individuals purchased the generator for resale.  The fact that              
          these individuals eventually returned the generators for a refund           
          does not undermine a conclusion that petitioners were engaged in            
          business.  Further, nothing in the record suggests that                     
          petitioners’ activity attempting to develop a market for their              
          generators was not undertaken with the primary purpose of making            
          a profit.  See Golanty v. Commissioner, 72 T.C. 411, 426 (1979),            
          affd. without published opinion 647 F.2d 170 (9th Cir. 1981);               
          sec. 1.183-2(a) and (b), Income Tax Regs.                                   
               The next consideration is whether the expenses petitioners             
          claimed on their Schedule C are ordinary and necessary business             
          expenses.  See sec. 162(a); Commissioner v. Lincoln Sav. & Loan             
          Association, 403 U.S. 345, 352 (1971); Welch v. Helvering, 290              
          U.S. 111, 113 (1933).  “Ordinary” has been defined in the context           
          of section 162(a) as that which is “normal, usual, or customary”            
          in the taxpayer's trade or business.  Deputy v. du Pont, 308 U.S.           
          488, 495 (1940).  “Necessary” has been construed to mean                    






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