- 20 - in issue other than the collection sold in 1989, which Mr. Garrett admitted was before he decided to enter the muscle car business. Rather, the record indicates that Mr. Garrett considered the operation of the muscle car museum essential to his muscle car business. Mr. Garrett testified that it was his intention to make a profit from his muscle car business in only two ways: (1) From museum ticket and souvenir sales generated by the exhibition of the museum's muscle car collection; and (2) from the sale of some muscle cars displayed in the museum. Consistent with this statement of intention, the majority of the evidence presented by petitioners on this issue involved testimony related to Mr. Garrett's plans for a muscle car museum. Furthermore, Mr. Garrett testified that no part of his muscle car business would be viable if the planned museum is unsuccessful. Therefore, the facts of this case do not reasonably support a characterization of petitioners' undertakings as separate activities. Rather, we find that petitioners' business purpose would be served by carrying out the various activities as a single enterprise, the muscle car museum. Petitioners' prospective muscle car business--the muscle car museum--could not function as a going concern until such time as it was open to the public. Walsh v. Commissioner, T.C. Memo. 1988-242, affd. without published opinion 884 F.2d 1393 (6th Cir. 1989)(holding that a restaurant could not function as a going concern until it was open to the public). Mr. Garrett testifiedPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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