- 24 - 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 ofPage: 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