Robert E. McKelvey - Page 2




                                        - 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.                                           





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