Paul D. and Gudrun G. Weaver - Page 22

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          [sic].”  No other documentary evidence elaborated upon these                
          purported sales or the status of the line in 1998.  Critically,             
          however, even if the products continued to be sold in 1998,                 
          petitioners apparently did not consider the endeavor connected to           
          the “Automobile construction” business for which they submitted a           
          Schedule C, in that no gross receipts were reported.  They also             
          never alleged that any of the expenditures reported on the                  
          Schedule C derived from these products.  We therefore conclude              
          that the potential existence at some point of this product line             
          has little, if any, bearing on whether the Schedule C business              
          was a going concern in 1998.                                                
               Finally, the exhibits introduced by petitioners also contain           
          three letters dated from August through November of 1999                    
          regarding potential investment by third parties in Shrike Cars.             
          These letters make no mention of any specific project and                   
          therefore cannot imply the existence of any definite and focused            
          ongoing business.                                                           
               On this record, the Court can only surmise that Shrike Cars            
          was at most in the startup phase of any automobile construction             
          or automobile marketing venture in 1998.  The evidence indicates            
          that the expenditures reported on petitioners’ Schedule C are               
          within the pale of section 195 costs, particularly as elucidated            
          in legislative history.  A significant portion of petitioners’              
          exhibits relate to proposals soliciting third-party interest, and           






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