Victor I. Rosenberg and Deborah I. Rosenberg - Page 22




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          necessary expenses for the production or collection of income or            
          for the management, conservation, or maintenance of property held           
          for the production of income.  See sec. 212(a).  However, a                 
          taxpayer may not deduct a contribution of capital to a                      
          corporation under section 212.  See Conant v. Commissioner, T.C.            
          Memo. 1986-415.  Petitioners may not deduct the claimed advances            
          under section 212 because they were contributions to the capital            
          of Cabana Boy.                                                              
          D.   Whether Petitioners May Deduct the Advances as Advertising             
               or Promotional Expenses for Dr. Rosenberg’s Plastic Surgery            
               Practice                                                               
               Petitioners contend that they may deduct the advances as               
          advertising or promotional expenses for Dr. Rosenberg’s plastic             
          surgery practice under section 162 because they paid those                  
          amounts to attract patients for Dr. Rosenberg from the motion               
          picture industry.4  Dr. Rosenberg testified that he paid the                
          advances to publicize his medical practice.  Dr. Rosenberg’s                
          testimony is not consistent with the objective evidence.  In his            
          curriculum vitae, he listed the articles and television shows in            
          which he appeared, but he did not mention Cabana Boy or any                 
          Cabana Boy publicity.  None of the articles in the exhibit                  



               4  Petitioners contend that they may deduct their advances             
          under sec. 162 because Dr. Rosenberg made the advances to protect           
          his credit worthiness or business reputation.  We disagree.  Dr.            
          Rosenberg did not so testify.  In any event, petitioners have not           
          shown how paying the claimed advances would protect his credit or           
          reputation.                                                                 





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