- 33 - 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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011