Facts and Circumstances. Document, document, document. Be ready to defend at audit. You can distinguish the BS from a person who really wanted to start a business and make a profit.
IF the expenses were things like filing fees for SOS, software, letterhead, accounting and legal, things that are really business expenses that have receipts and cannot be used personally after the closing of the business, then I say you have a good argument.
If the startup expenses are a new iPhone, awesome computer and trips to resorts to hear about an awesome opportunity in a MLM company, then I would be very, very leery.
Tom
Longview, TX