Affiliated Foods, Inc. - Page 34

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               In pertinent part, section 162(a) provides:  "There shall be           
          allowed as a deduction all the ordinary and necessary expenses              
          paid or incurred during the taxable year in carrying on any trade           
          or business".  To qualify for deduction under section 162(a), an            
          item must (1) be paid or incurred during the taxable year, (2) be           
          for carrying on any trade or business, (3) be an expense, (4) be            
          a necessary expense, and (5) be an ordinary expense.  INDOPCO,              
          Inc. v. Commissioner, supra at 85.                                          
               Mr. Clawson received $60,000 and $100,000 from petitioner to           
          distribute on petitioner's behalf at the 1989 and 1990 food                 
          shows, respectively.  Petitioner provided bookkeeping entries               
          that indicate that Mr. Clawson distributed $35,616 and $82,958 to           
          representatives of the member stores at the 1989 and 1990 food              
          shows, respectively.  In addition, Mr. Clawson testified that he            
          distributed such money to the shareholders of the member stores.            
          Mr. Clawson indicated that he made the cash payments to encourage           
          petitioner's shareholders to purchase Western products from                 
          petitioner.  We hold that petitioner has substantiated its                  
          entitlement to a deduction for the amounts distributed by Mr.               
          Clawson at the 1989 and 1990 food shows.  Associated Milk                   
          Producers, Inc. v. Commissioner, 68 T.C. 729 (1977); sec. 1.162-            
          1(a), Income Tax Regs.11                                                    

          11   On brief petitioner did not argue that food show cash                  
                                                             (continued...)           





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