Oliver W. and Edna D. Wilson - Page 25




                                       - 25 -                                         
               Respondent concedes that petitioners’ attempt to renovate              
          and retrofit the 5401-9 S. Broadway property was motivated by               
          their intention to make a profit through the operation of the 5-4           
          Ballroom and/or the Bluesroom.  Respondent contends, however,               
          that petitioners’ Schedule C business activity had not actually             
          commenced during the period from 1990 through 1993.  We examine             
          the relevant time periods below.                                            
               A.   1990 and 1991                                                     
               The expenses petitioners allegedly incurred during 1990 and            
          1991 in connection with their restaurant/nightclub activity are             
          not deductible under section 162(a) “unless the taxpayer is                 
          engaged in an ongoing business at the time the expense is                   
          incurred.”  Kantor v. Commissioner, 998 F.2d 1514, 1518 (9th Cir.           
          1993), affg. and revg. on other issues T.C. Memo. 1990-380; see             
          also Jackson v. Commissioner, 86 T.C. 492, 514 (1986), affd. 864            
          F.2d 1521 (10th Cir. 1989), in which we stated:                             
               Section 162 does not allow deductions for otherwise                    
               deductible expenses until such time as the trade or                    
               business begins to function as a going concern even                    
               though the taxpayer may have made a firm decision to                   
               enter into business and has expended considerable sums                 
               of money in preparation of commencing business.                        
               The record clearly establishes that petitioners had not yet            
          opened the restaurant/nightclub facility during 1990 and 1991.              
          Petitioners were still refurbishing and retrofitting the building           
          in 1990 and 1991 and otherwise preparing to start their business.           







Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: May 25, 2011