Malcolm Elwood McClain - Page 13




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          his testimony that he was forced to dispose of his automobiles              
          and some equipment because the property where he lived was                  
          rezoned by the county.  It does not appear that petitioner ever             
          started his activity of restoring automobiles.  Startup or                  
          preopening expenses are not deductible under either section 162             
          or section 212.  Hardy v. Commissioner, 93 T.C. 684 (1989);                 
          Goodwin v. Commissioner, 75 T.C. 424, 433 (1980), affd. without             
          published opinion 691 F.2d 490 (3d Cir. 1982); Polachek v.                  
          Commissioner, 22 T.C. 858, 863 (1954).  Deduction of such                   
          expenses, even if substantiated, is specifically denied by                  
          section 195(a).                                                             
               Board and Room Rental                                                  
               The evidence, including petitioner’s testimony, leads the              
          Court to conclude that petitioner did not conduct his room and              
          board activity primarily with the objective to make a profit.               
          Petitioner seems to have allowed minors and others to stay in his           
          mobile home on the basis of his perception of their needs and               
          their friendship with his son or daughter.  Most of the                     
          individuals were allowed to stay with him without paying rent or            
          board in any form.  Petitioner’s description of his guests as               
          people “who had been in some sort of misfortune or down and out             
          with nowhere to go” strongly suggests to the Court that profit              
          was not the primary purpose for his room and board activity.                
          Petitioner is clearly a caring and generous person, but this                







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