- 13 - Issue 1. Corporate Expense Deductions The corporate petitioners bear the burden of establishing that they are entitled to the deductions claimed on their 1989 pro forma tax returns. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). After concessions by the parties, four business expense categories remain in issue. 8(...continued) from GAPS. However, respondent did not apportion the adjustments between the corporations, instead reducing the total amount of payments by the total amount of adjustments to arrive at a total amount of $145,428 in corporate distributions. Only at this point did respondent apportion this amount between the two corporations to arrive at the amounts of $105,220 and $40,208 for GAPS and JJM respectively. We have worked backwards from the amounts of $105,220 and $40,208 to reapportion the $212,380 between GAPS and JJM, assuming that petitioner deposited his Mass Mutual wage payments in the JJM account. We therefore assume that respondent reduced the JJM payments by this amount. It is clear from the record that the $4,000 in wages and the loan amount of $10,000 are allocable to JJM. We have likewise assumed that the $6,259 of non-employee compensation was from GAPS. It is clear from the record that the loan amount of $8,281 is allocable to GAPS. With these adjustments we arrive at the following amounts: GAPS JJM Amount of distribution in statutory notice $105,220 $40,208 Non-employee compensation and wages 6,259 4,000 Mass Mutual payments --- 38,412 Shareholder loans reflected on the Schedules L 8,281 10,000 Total payments 119,760 92,620 At trial, respondent allowed an additional reduction in the amount of distributions for advertising expenses and conceded additional deductions therefor of $655 and $656 by JJM and GAPS, respectively.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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