- 5 - amounts of the expenses claimed, but contends they are nondeductible startup expenditures under section 195(a).6 Petitioner filed her petitions for 1998 and 2001 on July 21 and 15, 2004, respectively. The Court consolidated the cases for trial, briefing, and decision on December 5, 2005. OPINION The relevant portion of section 195, as amended, provides: SEC. 195. START-UP EXPENDITURES. (a) Capitalization of Expenditures. Except as otherwise provided in this section, no deduction shall be allowed for start-up expenditures. * * * * * * * (c) Definitions. For purposes of this section-- (1) Start-up expenditures. The term “start-up expenditure” means any amount-- (A) paid or incurred in connection with-- * * * * * * * (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 6 The parties have also stipulated that petitioner is entitled to personal exemptions for the years at issue. If additional income tax is owing from petitioner, she concedes the additions to tax under secs. 6651(a)(1) and (2) and 6654.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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