LEWIS v. COMMISSIONER OF INTERNAL REVENUE

No. 86-2762.

861 F.2d 1232 (1988)

Robert W. LEWIS; Rebecca H. Lewis; Michael C. Kirk; Julia T. Kirk; James P. Kirk; Elizabeth H. Kirk; J. Philip Kirk, Jr.; and Judy Kirk, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

November 28, 1988.


Attorney(s) appearing for the Case

David S. Elkouri (Eric S. Namee, with him on the brief), of Hinkle, Eberhart, Elkouri & Jensen, Wichita, Kan., for petitioners-appellees.

Francis M. Allegra (Roger M. Olsen, Asst. Atty. Gen., Michael L. Paup, and Ann Belanger Durney, with him on the briefs), Dept. of Justice, Washington, D.C., for respondent-appellant.

Before MOORE, BARRETT, and TACHA, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

The only issue presented by this appeal is whether the Tax Court erred in holding certain expenses incurred prior to the opening of the business of a partnership are deductible expenses incurred in the production of income. We conclude the Tax Court erred and accordingly reverse its judgment.

Taxpayers hold interests in a limited partnership (CHA) which was formed to build, own, and operate a hotel. Using a cash method of accounting...

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