Alvin S. Kanofsky - Page 10

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          98 Schedules C reporting zero gross receipts from A.S.K.                    
          Enterprises support a finding that he was not engaged in any                
          trade or business during that period.                                       
               Assuming arguendo that petitioner made efforts to engage in            
          a trade or business during the 1996-98 period and he held (and              
          incurred expenses with respect to) his investment properties                
          (and, in particular, the Bethlehem property) in connection with             
          those efforts, such activities do not amount to “carrying on any            
          trade or business” within the meaning of section 162(a).  See               
          Richmond Television Corp. v. United States, 345 F.2d 901, 907               
          (4th Cir. 1965), vacated and remanded on other issues 382 U.S. 68           
          (1965):                                                                     
                    The uniform teaching of these several cases is                    
               that, even though a taxpayer has made a firm decision                  
               to enter into business and over a considerable period                  
               of time spent money in preparation for entering that                   
               business, he still has not “engaged in carrying on any                 
               trade or business” within the intendment of section                    
               162(a) until such time as the business has begun to                    
               function as a going concern and performed those                        
               activities for which it was organized.  [Fn. ref.                      
               omitted.]                                                              
          Accord Hardy v. Commissioner, 93 T.C. 684, 687 (1989); Goodwin v.           
          Commissioner, 75 T.C. 424, 433 (1980), affd. without published              
          opinion 691 F.2d 490 (3d Cir. 1982); Madison Gas & Elec. Co. v.             
          Commissioner, 72 T.C. 521, 566-567 (1979), affd. 633 F.2d 512               
          (7th Cir. 1980).                                                            
               On brief, petitioner attempts to flesh out his trial                   
          testimony by describing in great detail his efforts, beginning in           





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