Mediaworks, Inc. - Page 10

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          record as a whole, we did not find Roach to be credible.  Under             
          the circumstances, we are not required to, and we do not, rely on           
          Roach’s testimony to support petitioner’s positions herein.                 
          Ruark v. Commissioner, 449 F.2d 311, 312 (9th Cir. 1971), affg.             
          per curiam T.C. Memo. 1969-48; Clark v. Commissioner, 266 F.2d              
          698, 708-709 (9th Cir. 1959), affg. in part and remanding T.C.              
          Memo. 1957-129; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986).            
          2.  Disputed Deductions                                                     
               Section 162(a) allows the deduction of “all the ordinary and           
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business”.  Under that section, a cash             
          basis taxpayer such as petitioner may deduct an expenditure if it           
          is:  (1) An expense, (2) an ordinary expense, (3) a necessary               
          expense, (4) paid during the taxable year, and (5) made to carry            
          on a trade or business.  Commissioner v. Lincoln Sav. & Loan                
          Association, 403 U.S. 345, 352-353 (1971); Lychuk v.                        
          Commissioner, 116 T.C. 374, 386 (2001).                                     
               Respondent determined that sections 162 and 274 do not                 
          entitle petitioner to deduct its expenses related to the                    
          Centurion.  In order to prevail, petitioner must prove that                 
          determination wrong.5  Rule 142(a)(1); Welch v. Helvering,                  

               5 Sec. 7491(a) was added to the Code by the Internal Revenue           
          Service Restructuring and Reform Act of 1998, Pub. L. 105-206,              
          sec. 3001(c), 112 Stat. 727, effective for court proceedings                
          arising from examinations commencing after July 22, 1998.                   
                                                             (continued...)           





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