Frank K. B. Wheeler - Page 21




                                        -21-                                          
          equipment and spend most of the next 3 years learning how to use            
          the new equipment.  His gross receipts plummeted; his losses                
          increased even more.  Supra tables 5 and 6.                                 
               The parties have stipulated that petitioner did not have a             
          written business plan, forecasting income, expenses, and net                
          profit or loss, during the years in issue, and had not prepared             
          any such written business plan before starting his videotape                
          activity.  When asked about this at trial, petitioner responded             
          as follows:                                                                 
                    Q [Ms. DeCaro]  Why did you not prepare a business                
               plan?                                                                  
                    A [Petitioner] Well, I have my business plan in my head           
               and that’s one of my businesses that I was doing when I was            
               actually consulting was preparing business plans, and it               
               seemed like a silly waste of paper to put it down in black             
               and white.                                                             
          Petitioner did not present us with an oral description of the               
          business plan that was in his head.                                         
               Petitioner noted at trial that his father had continued to             
          operate his own business until dying at age 92.  When questioned            
          on cross-examination, petitioner did not give any indication as             
          to how long he thought it would take for him to earn enough                 
          income from his videotape activity to recoup the $155,000 or so             
          that he had spent on equipment.                                             
               The parties have stipulated that petitioner did not spend              
          any money on advertising from 1993 through 1995; he relied solely           
          on “word-of-mouth”.  Petitioner’s Schedules C also show that he             





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