- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008