Paul D. and Gudrun G. Weaver - Page 6

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          amounts reported by petitioners in connection with Marketing                
          Concepts Group.5                                                            
               Petitioners filed a petition with this Court challenging the           
          disallowance of their Schedule C loss on the grounds that the               
          adjustments were “made incorrectly based on IRS assumption of a             
          startup business when in actuality it was a continuation of an              
          existing business.”  At the subsequent trial, Mr. Weaver                    
          testified and sought to explain petitioners’ business operations.           
          He also introduced a series of exhibits related to these                    
          operations.6                                                                
               For several decades, petitioners have been involved with               
          what can be broadly characterized as creative “marketing”                   
          endeavors.  The purpose of these operations has been and                    
          continues to be the provision of advertising, marketing, and                
          business development services for third-party clients and for               
          original concepts developed internally.  These efforts have                 

               5 The precise nature of the relationship between the                   
          Schedule C business, d/b/a Marketing Concepts Group, and the S              
          corporation Marketing Concepts Group, Inc., is not clear from the           
          record.  The S corporation was apparently established to address            
          certain liability issues involved with major accounts and/or                
          public advertising campaigns.                                               
               6 At trial, respondent objected on similar grounds to two of           
          petitioners’ exhibits.  On the second occasion, a discussion                
          ensued with respect thereto, and the objection was explicitly               
          overruled by the Court.  In the interest of consistency and                 
          because respondent’s objections are, as a practical matter,                 
          mooted by our resolution of this case, we clarify that                      
          respondent’s objection to Exhibit 12-P is also overruled for the            
          same reasons expressed in connection with Exhibit 15-P.                     





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