- 49 - 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.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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