Paul D. and Gudrun G. Weaver - Page 24

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          generating revenue.  In Cabintaxi Corp. v. Commissioner, supra at           
          620, the taxpayer corporation was formed in 1981 for the                    
          expressed purpose of selling, installing, and maintaining                   
          automated transportation systems.  In 1984, the taxpayer entered            
          into a distributorship with a German company to market in the               
          United States and Canada the “Cabintaxi” system developed abroad            
          by the German company.  Id.  Although the taxpayer never obtained           
          any customers for the system, it sought to deduct expenses in               
          1984 and 1985 as an ongoing trade or business.  Id. at 618-620.             
          The Court of Appeals, disagreeing with this Court, held in favor            
          of the taxpayer.  Id. at 620-621.                                           
               In reversing our decision below, the Court of Appeals noted            
          that the “Tax Court’s reasoning confuses business activity with             
          the purpose of the activity.”  Id. at 620.  The Court of Appeals            
          stated:                                                                     
               The principal purpose for which Cabintaxi was formed                   
               was to make money, and to do this it had  * * * to                     
               sell, install, or maintain automated transit systems.                  
               But before it could sell, install, or maintain its                     
               first system, it had to sell the system, and to sell it                
               had to incur selling expenses.  Those expenses were an                 
               integral part of being in the business of selling                      
               automated transit systems.   [Id.]                                     
          Hence, the crucial fact that the German transportation system was           
          already developed and commercially available enabled the Court of           
          Appeals to equate the signing of the U.S. and Canadian                      
          distribution agreement, coupled with prompt commencement of                 







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