Malcolm Elwood McClain - Page 14




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          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).                                 








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