Oliver W. and Edna D. Wilson - Page 49




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          expense from the SBA loan and later for the South Coast Thrift              
          loan should be reported and deducted on Schedule C to                       
          petitioners’ tax return because the SBA and South Coast Thrift              
          loans were “business loans”.  Mr. Collins concluded that                    
          petitioner commenced conducting an active business at the 5401-9            
          S. Broadway property during 1992 because the property was used              
          for performances and events.  Mr. Collins also concluded that               
          section 263A was not applicable to petitioner’s “fixing up” of              
          the building prior to 1992.  In preparing petitioners’ 1990                 
          through 1993 returns, Mr. Collins concluded section 195 permitted           
          petitioners to deduct currently the interest, real property                 
          taxes, and other expenses petitioners paid with respect to the              
          5401-9 S. Broadway property.19                                              
               The characterization of various costs relating to                      
          petitioner’s rehabilitation and improvement of the 5401-9 S.                
          Broadway building as deductible Schedule C expenses involves                
          analyzing and applying a technical area of tax law.  Thus, it is            
          reasonable for a taxpayer to consult and rely on a certified                
          public accountant in determining how to treat such costs.                   
          Petitioners relied upon Mr. Collins, their certified public                 
          accountant, to determine the proper characterization and                    
          deduction of these costs, and they furnished information to Mr.             

               19Under sec. 195(c), interest, taxes and certain research              
          and experimental expenditures are excluded from the definition of           
          startup expenditures.                                                       





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