Ronald I. and Lois B. Koenig - Page 11

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               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 operation             





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