- 11 - as a going concern and performed those activities for which it was organized.” Richmond Television Corp. v. United States, 345 F.2d 901, 907 (4th Cir. 1965), vacated and remanded on other grounds 382 U.S. 68 (1965). An enterprise need not have generated sales or other revenue to have begun to carry on a business. Jackson v. Commissioner, 864 F.2d 1521, 1526 (10th Cir. 1989), affg. 86 T.C. 492 (1986); Cabintaxi Corp. v. Commissioner, 63 F.3d 614, 620 (7th Cir. 1995), affg. in part, revg. in part, and remanding T.C. Memo. 1994-316. However, mere research into or investigation of a potential business is insufficient to demonstrate that a taxpayer is engaged in a trade or business. Dean v. Commissioner, 56 T.C. 895, 902 (1971). In the matter before us, petitioner was not actively engaged in the trade or business of the retail aspect of the Tasha’s Cafe concept. Petitioner never obtained the necessary licenses, materials, or inventory for the retail business, established a retail location, or held out any goods for sale. However, the record before us establishes that petitioner was actively engaged in the trade or business of selling franchises of the Tasha’s Cafe concept. Petitioner developed detailed plans for the operation and appearance of a Tasha’s Cafe location. Based on his analysis of the model in his basement, petitioner determined the materials and design elements to be used for outfitting a Tasha’s Cafe location. Most importantly,Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007