Julie A. Toth - Page 9

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               Observing that section 195 as originally enacted9 in the               
          Miscellaneous Revenue Act of 1980, Pub. L. 96-605, sec. 102(a),             
          94 Stat. 3522, was ambiguous and caused excessive litigation, in            
          1984 Congress amended the statute.  Deficit Reduction Act of                
          1984, Pub. L. 98-369, sec. 94(a), 98 Stat. 614; S. Prt. 98-169              
          (Vol. I), at 282-283 (1984).  The Senate print accompanying the             
          Deficit Reduction Act of 1984 stated that the intent of Congress            
          in amending the statute was to “decrease the controversy and                
          litigation arising under present law with respect to the proper             
          tax treatment of start-up expenditures” by requiring expenses               
          similar to those allowed as deductions in Hoopengarner to be                
          capitalized.  S. Prt. 98-169 (Vol. I), supra at 283.  The purpose           
          of the 1984 amendment to section 195 was to bring sections 212              
          and 162 into parity when determining whether an expenditure has             
          been incurred in a startup activity.                                        



               9 As originally enacted sec. 195(b) defined “startup                   
          expenditures” to mean any amount:                                           
               (1) paid or incurred in connection with--                              
                    (A) investigating the creation or acquisition of                  
               an active trade or business, or                                        
                    (B) creating an active trade or business, and                     
               (2) which, if paid or incurred in connection with the                  
               expansion of an existing trade or business * * * would                 
               be allowable as a deduction for the taxable year in                    
               which paid or incurred.                                                





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