Lisa J. Tomlinson - Page 9




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          expenditures.”  Section 195(c)(1) defines “start-up expenditure”            
          as:                                                                         
               (1) * * * any amount--                                                 
                    (A) paid or incurred in connection with--                         
                         (i) investigating the creation or                            
                    acquisition of an active trade or business,                       
                    or                                                                
                         (ii) creating an active trade or                             
                    business, or                                                      
                         (iii) any activity engaged in for profit                     
                    and for the production of income before the                       
                    day on which the active trade or business                         
                    begins, in anticipation of such activity                          
                    becoming an active trade or business, and                         
                    (B) which, if paid or incurred in connection with                 
               the operation of an existing active trade or business                  
               (in the same field as the trade or business referred to                
               in subparagraph (A)), would be allowable as a deduction                
               for the taxable year in which paid or incurred.[6]                     
               Petitioner’s activities in 2002 with relation to ASIL                  
          Investments were, at best, start-up activities and did not amount           
          to an active trade or business.  Accordingly, we hold that                  





               6 Sec. 195(c)(1) provides that the term “start-up                      
          expenditure” does not include expenditures for which a deduction            
          would be allowable under sec. 163(a) (interest), 164 (taxes), or            
          174 (research and experimental expenses).  See TSR, Inc. & Sub.             
          v. Commissioner, 96 T.C. 903 (1991) (explaining that the phrase             
          “research or experimental” for purposes of sec. 174 refers to               
          scientific or technological research); see also sec. 1.174-2(a),            
          Income Tax Regs.  None of the expenditures listed on petitioner’s           
          Schedules C were allowable under these sections.                            






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