Affiliated Foods, Inc. - Page 33

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          over these funds, as evidenced by the return of any "unused"                
          cash.  Thus, these amounts must also be included in petitioner's            
          income.  See, e.g., North Am. Oil Consol. v. Burnet, 286 U.S.               
          417, 424 (1932); Ford Dealers Advertising Fund, Inc. v.                     
          Commissioner, supra; Latimer v. Commissioner, 55 T.C. 515, 520              
          (1970).10  Accordingly, we sustain respondent's determination.              
          Issue 3. Section 162 Deduction                                              
               Petitioner argues that, if the amounts distributed to the              
          shareholders at the 1989 and 1990 food shows from the promotional           
          accounts and check-cashing transactions are includable in its               
          income, the difference between the funds received from Western,             
          which petitioner concedes are income, and those returned by Mr.             
          Clawson at the end of the respective food shows are deductible              
          business expenses incurred by petitioner.  Petitioner asserts               
          that these amounts were paid for the purpose of promoting the               
          success of the food shows, and therefore are deductible under               
          section 162.  Respondent argues that such a deduction is not                
          allowable.  Petitioner bears the burden of proof on this issue.             
          Rule 142(a); INDOPCO, Inc. v. Commissioner, 503 U.S. 79, 84                 
          (1992).                                                                     


          10   Petitioner cannot substantiate a patronage dividend                    
          deduction for the amounts distributed at the food show, because             
          it has destroyed the records that documented the products                   
          purchased, the payments made, and the shareholders who received             
          the payments.  Sec. 1388.                                                   





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