- 34 - 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...)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