Paul D. and Gudrun G. Weaver - Page 23

                                       - 23 -                                         
          the expenses specifically identified on the Schedule C are for              
          advertising, travel, meals, and entertainment.  The legislative             
          history references costs for exploring potential markets and                
          products and “incurred in lining up prospective distributors,               
          suppliers or customers”.  H. Rept. 96-1278, supra, 1980-2 C.B. at           
          712.  Advertising and travel expenses are also expressly                    
          highlighted.  Id.  Petitioners have failed to show that the                 
          operations of Shrike Cars in 1998 had advanced beyond such                  
          activities in the nature of exploration or preliminary                      
          solicitation.                                                               
                    2.  Comparisons to Caselaw                                        
               Both parties cite various cases that they maintain parallel            
          the factual circumstances at bar.  Petitioners, for instance,               
          allege similarities to Cabintaxi Corp. v. Commissioner, 63 F.3d             
          614 (7th Cir. 1995), Blitzer v. Commissioner, 231 Ct. Cl. 236,              
          684 F.2d 874 (1982), and Lamont v. United States, 80 AFTR 2d 97-            
          7320, 97-2 USTC par. 50,861 (Fed. Cl. 1997).  Respondent, in                
          contrast, emphasizes scenarios such as those in McKelvey v.                 
          Commissioner, T.C. Memo. 2002-63, and Reems v. Commissioner, T.C.           
          Memo. 1994-253.                                                             
               Petitioners rely on Cabintaxi Corp. v. Commissioner, supra,            
          for the proposition that “a business operation commences when the           
          entity starts to operate toward the goal of selling products”,              
          without regard to whether the operation is successful in                    






Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011