Paul D. and Gudrun G. Weaver - Page 25

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          actual sales and marketing activities, with the start of an                 
          active trade or business as a distributor for the Cabintaxi                 
          system.  Id. at 620-621.                                                    
               In contrast, petitioners here have failed to prove that                
          Shrike Cars’ efforts in 1998 ever reached a point where there               
          existed a commercial product to sell and/or that they were                  
          focused on selling, marketing, or distributing a specific product           
          or products.  Rather, the Shrike Cars business, as of 1998,                 
          remained in an exploratory stage.  Notably, the taxpayer in                 
          Cabintaxi Corp. v. Commissioner, supra, did not take the                    
          position, and the Court of Appeals for the Seventh Circuit did              
          not hold, that costs incurred prior to 1984 should be deductible            
          as expenses of an ongoing business.  After its founding in 1981             
          and before 1984, the taxpayer “investigated opportunities for               
          creating and deploying automated transit systems” and “hoped to             
          form an alliance with an individual who was developing an                   
          automated transportation system.”  Cabintaxi Corp. v.                       
          Commissioner, T.C. Memo. 1994-316, affd. in part, revd. in part             
          and remanded 63 F.3d 614 (7th Cir. 1995).  The taxpayer                     
          characterized costs incurred during that period as startup and              
          organizational expenditures, which it capitalized and sought to             
          amortize beginning in 1984 under sections 195 and 248.  Id.                 
               Here, Shrike Cars’ activities would appear more akin to                
          Cabintaxi Corp.’s pre-1984 endeavors, which endeavors were                  






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