- 20 - 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 amortizePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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