- 11 - Accordingly, respondent is sustained on this issue. Issue 2. Ancient Artifacts Business Respondent determined that the claimed deductions for petitioner's ancient artifacts activities were startup expenses pursuant to section 195 and therefore not deductible since they were not related to an active trade or business. Petitioner asserts that he was in the business of dealing in ancient artifacts during 1990. Section 162(a) allows a deduction for ordinary and necessary expenses of carrying on a trade or business. In order for expenses to be deductible under section 162, they must relate to a trade or business functioning at the time they are incurred. Hardy v. Commissioner, 93 T.C. 684, 687 (1989). Startup or preopening expenses are not currently deductible under section 162. Id. Section 195(a) generally disallows all deductions for startup expenditures. Startup expenditures are defined as amounts paid or incurred in connection with: (1) Investigating the creation or acquisition of an active trade or business, (2) creating an active trade or business, or (3) any activity engaged in for profit in anticipation of the activity's becoming an active trade or business. Sec. 195(c)(1)(A). Second, these costs must be the type of costs that would be currently deductible if paid or incurred in connection with the operationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011