Fountain Valley Transit Mix, Inc. - Page 12

                                        -  -12                                           
          from Gillette Tire, nor to the installation of tires on                     
          petitioner's trucks.                                                        
               Also, Agent Siebert, during his audit of petitioner's income           
          tax liability, asked to see all of petitioner's documents                   
          relating to the rental of Nikki's concrete trucks, including                
          documents which showed how the rental rate was set and how many             
          trucks were being rented.  Petitioner had very few records with             
          reference to the rental of trucks and no records showing the                
          number of trucks that were used by petitioner on a weekly,                  
          monthly, or yearly basis.                                                   
               Respondent in her notice of deficiency determined that                 
          petitioner was not entitled to deduct $258,425 of its claimed               
          deduction for truck maintenance expenses.  This amount was the              
          total amount of checks numbered 4318 and 4369 to Gillette Tire              
          which petitioner claims were for tires purchased for its trucks.            
                                       OPINION                                        
               Section 162(a) generally allows a taxpayer a deduction for             
          all the ordinary and necessary expenses paid or incurred during             
          the taxable year in carrying on any trade or business.  These               
          expenses must be directly connected with or pertaining to the               
          taxpayer's trade or business.  Sec. 1.162-1(a), Income Tax Regs.            
               As a general rule, where an expense is the obligation of               
          another, a taxpayer cannot properly claim a deduction for the               
          expense as an ordinary and necessary expense of his business.               
          Deputy v. du Pont, 308 U.S. 488 (1940); Betson v. Commissioner,             




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