- 2 - Respondent determined deficiencies in petitioner’s Federal income tax of $3,034 for 1995 and $6,015 for 1996. After concessions, the issues presented for decision by the parties’ motions are: (1) Whether petitioner’s expenditures related to his tree farm activities are startup expenses that are not currently deductible under section 195; and (2) if the expenses are not startup expenses, whether petitioner was engaged in an activity for profit within the meaning of section 183.2 We sustain respondent’s determination that petitioner’s “trees” expenses were startup expenses and not currently deductible. In so doing, we shall grant respondent’s motion and deny petitioner’s motion. As a result, we do not reach the section 183 issue raised by respondent. Background Petitioner resided in Whitmore, California, when the petition was filed in this case. Petitioner timely filed a petition and amended petition, both of which contained various frivolous arguments. After respondent filed a motion to dismiss for failure to state a 2Respondent also determined in the notice of deficiency that petitioner failed to include taxable Social Security income in 1995 and 1996, unemployment compensation in 1995, and interest income paid in 1996. Respondent also disallowed certain miscellaneous itemized deductions in 1995 and a net operating loss in 1996. Petitioner did not challenge any of these determinations in any of his petitions. Pursuant to Rule 34(b), these issues are deemed conceded.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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