Mary K. Fisher and Charles F. Patterson, et al. - Page 20

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          deduct startup expenditures.  Taxpayers, however, may elect to              
          treat startup expenditures as deferred expenses which may be                
          amortized over a period of not less than 60 months as may be                
          selected by the taxpayer, beginning with the month in which the             
          active trade or business begins.  Sec. 195(b)(1).  Startup                  
          expenditures include only those expenditures "which, if paid or             
          incurred in connection with the operation of an existing active             
          trade or business * * *, would be allowable as a deduction for              
          the taxable year in which paid or incurred."  Sec. 195(c)(1)(B).            
          For this reason, an expenditure which an existing trade or                  
          business would capitalize, rather than wholly expense, cannot be            
          amortized as a startup expenditure.  S. Rept. 96-1036 at 12                 
          (1980).  A taxpayer seeking to amortize startup expenditures must           
          elect do so no later than the time prescribed by law for filing             
          the return for the taxable year in which the trade or business              
          begins.  Sec. 195(d)(1).                                                    
               Respondent denied petitioners' claimed deduction seeking to            
          amortize startup expenditures for two reasons:  (1) Petitioners             
          failed to make a timely election to amortize startup                        
          expenditures, as required by section 195, and (2) petitioners               
          have failed to meet their burden of substantiating the amount of            
          startup expenditures claimed.  With respect to respondent's first           
          argument, petitioners assert that they made a timely election to            
          amortize their startup expenditures.  At trial, petitioner                  
          attempted to prove that he made a timely election to amortize               




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