- 13 - level of carrying on a trade or business for purposes of section 162. The expenses incurred by petitioner in his real estate development and marketing activity are, at most, startup costs and/or organizational expenses. See sec. 195. Petitioner's activity never actually commenced. McManus v. Commissioner, supra. Further, petitioner failed to show the activity was conducted on a regular and continuous basis. Id. The majority of the actions taken by petitioner described above were in 1988. During 1990, the year at issue, the record indicates that petitioner merely listed the Clinton property for sale.5 Petitioner contends that he spent approximately 10 to 20 hours per week on his real estate development and marketing activity. However, he did not present any oral testimony or documentary evidence to show how that time was actually spent on the activity. Further, petitioner held a full-time job in the area of information systems during 1990. On this record, the Court holds that petitioners failed to establish that, during 1990, petitioner's real estate development and marketing activity had actually commenced or was being conducted on a regular and continuous basis. Id. Petitioner failed to prove that he was carrying on a trade or business for purposes of section 162. Accordingly, petitioners are not 5 The Court notes that, by 1990, petitioner had not even secured a building permit for the Bridgewater property.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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