- 25 - 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 werePage: 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