- 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
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