- 13 - activity was conducted neither for profit nor as a business operation. Other Schedule C Activities There were no sales of timber or firewood with respect to petitioner’s timber and firewood sales activity for 1994 because “the thing fell apart”. His “venture capital” health food and resort enterprise “never got off the ground.” The only items in petitioner’s possession to show his involvement in an oil and gas venture were copies of two uncleared checks that he showed to respondent’s counsel before trial. These three activities appear never to have reached the operational stage. As with petitioner’s automobile restoration activity, startup or preopening expenses are not deductible under either section 162 or section 212. Hardy v. Commissioner, supra; Goodwin v. Commissioner, supra at 433; Polachek v. Commissioner, supra at 863. Deduction of such expenses, even if substantiated, is specifically denied by section 195(a). Additions to Tax Under Section 6651(a) Respondent bears the burden of production with respect to any addition to tax. Sec. 7491(c). In order to meet this burden, respondent must produce evidence sufficient to establish that it is appropriate to impose the addition to tax. Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007