- 12 - overruled on other grounds NCNB Corp. v. United States, 684 F.2d 285, 289 (4th Cir. 1982); Hardy v. Commissioner, 93 T.C. 684, 687-688 (1989); Jackson v. Commissioner, 86 T.C. 492, 514 (1986). As the Court of Appeals for the Fourth Circuit said in Richmond Television Corp. v. United States, 345 F.2d at 907: The uniform teaching of * * * [certain prior] cases is that, even though a taxpayer has made a firm decision to enter into business and over a considerable period of time spent money in preparation for entering that business, he still has not "engaged in carrying on any trade or business" within the intendment of section 162(a) until such time as the business has begun to function as a going concern and performed those activities for which it was organized. [Fn. refs. omitted.] Except for the interest, depreciation, and taxes deducted by Good Shepherd, all of Good Shepherd's deductions for 1986 through 1988 are deductions governed by section 162(a). Petitioners bear the burden of proof. 1. Verification Respondent has challenged whether expenditures claimed by Good Shepherd were ever paid or incurred. Petitioners have failed adequately to verify, or substantiate, those expenditures. For 1987 and 1988, Good Shepherd claimed deductions for travel and entertainment. Petitioners have introduced no evidence that would satisfy the special substantiation requirements imposed by section 274(d) with regard to expenditures for travel and entertainment. With regard to Good Shepherd's other expenditures claimed for deduction under section 162(a), for the most part,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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