- 8 - 1992 (and up until the time of trial), petitioner had not yet developed a product for sale, had not advertised such a product, had no bank account books or records, and had never received any income from Presto, and that Presto has never been a going concern. Petitioner simply had a concept that had not yet taken a concrete, marketable form. We therefore need not delve into petitioner's state of mind regarding profit objective, because it is clear that, at most, petitioner was merely in the startup phase of a potential business.4 Courts have consistently denied deductions for startup or preopening expenses incurred by taxpayers prior to beginning business operations. Courts have articulated two rationales for concluding that such expenses are not deductible under section 162(a): (1) That the taxpayer was not “carrying on” a trade or business, Kantor v. Commissioner, 998 F.2d 1514, 1518 (9th Cir. 1993), affg. in part and revg. in part T.C. Memo. 1990-380; Aboussie v. United States, 779 F.2d 424, 428 (8th Cir. 1985); Richmond Television Corp. v. United States, 345 F.2d 901, 907 (4th Cir. 1965), vacated and remanded per curiam on other grounds 382 U.S. 68 (1965), or (2) that preopening expenses were not “ordinary” but capital in nature, Madison Gas & Elec. Co. v. Commissioner, 633 F.2d 512, 517 (7th Cir. 1980), affg. 72 T.C. 521 (1979); Hardy v. Commissioner, 93 T.C. 684 (1989). However, 4 If, however, we were to consider respondent’s other arguments, we would find them well taken.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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