Julie A. Toth - Page 5

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          amounts of the expenses claimed, but contends they are                      
          nondeductible startup expenditures under section 195(a).6                   
               Petitioner filed her petitions for 1998 and 2001 on July 21            
          and 15, 2004, respectively.  The Court consolidated the cases for           
          trial, briefing, and decision on December 5, 2005.                          
                                       OPINION                                        
               The relevant portion of section 195, as amended, provides:             
               SEC. 195. START-UP EXPENDITURES.                                       
                    (a) Capitalization of Expenditures. Except as                     
               otherwise provided in this section, no deduction shall                 
               be allowed for start-up expenditures.                                  
                                 *  *  *  *  *  *  *                                  
                    (c) Definitions. For purposes of this section--                   
                         (1) Start-up expenditures. The term “start-up                
                    expenditure” means any amount--                                   
                              (A) paid or incurred in connection with--               
                                 *  *  *  *  *  *  *                                  
                                  (iii) any activity engaged in for                  
                              profit and for the production of income                 
                              before the day on which the active trade                
                              or business begins, in anticipation of                  
                              such activity becoming an active trade                  
                              or business, and                                        
                              (B) which, if paid or incurred in connection            
                         with the operation of an existing active trade or            
                         business (in the same field as the trade or                  
                         business referred to in subparagraph (A)), would             


               6 The parties have also stipulated that petitioner is                  
          entitled to personal exemptions for the years at issue.  If                 
          additional income tax is owing from petitioner, she concedes the            
          additions to tax under secs. 6651(a)(1) and (2) and 6654.                   




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