- 37 - C. Loss From Trade or Business As a result of subsections (c) and (d) of section 172, the basic category of an individual’s losses that may constitute net operating losses is losses from the conduct of a trade or business. In general, expenditures paid or incurred in preparing to enter a trade or business must be capitalized, even if those expenditures are of a sort that ordinarily would be currently deductible if the taxpayer had already entered the trade or business. Hardy v. Commissioner, 93 T.C. 684, 687 (1989), affd. on this issue and remanded to consider a new issue per order (10th Cir., Oct. 29, 1990). Because we conclude, for reasons described infra, that (1) R.K. was not a part of Laney’s then-ongoing consulting trade or business, and (2) R.K. had not yet gone into operation when Laney suffered his losses therefrom, petitioners are not permitted to carry over Laney’s R.K. losses as a net operating loss to the years in issue. Whether a transaction is an expansion of an existing business, or creates a new and distinct trade or business depends on the facts and circumstances. In First Security Bank of Idaho, N.A. v. Commissioner, 63 T.C. 644 (1975), affd. 592 F.2d 1050 (9th Cir. 1979), this Court concluded that when First Security Bank of Idaho and First Security Bank of Utah initiated consumer credit card plans, the initial expenses were expenses ofPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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