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