Marcus Wayne and Judity Caroline Ramsey - Page 15

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          reimbursement in his gross income.  See sec. 1.162-17(b), Income            
          Tax Regs.                                                                   
               At trial, petitioners produced receipts and checks that they           
          claim represent the expenses they incurred in the course of                 
          petitioner’s business.  Respondent argues that the claimed expenses         
          are neither ordinary nor necessary.  For the reasons discussed              
          below, we agree with respondent.                                            
               The record clearly indicates that petitioners attempted to             
          claim as business expenses those that were personal in nature.              
          Furthermore, the evidence shows that a portion of the claimed               
          business expenses were reimbursed either by Westech or Arrowhead.           
               We hereafter discuss separately each of petitioners’ claimed           
          business expenses.                                                          
               1.  Advertising                                                        
               Three of petitioners’ daughters played recreational softball           
          and soccer. Petitioners deducted $513 in costs associated with              
          their daughters’ participation in softball and soccer as an                 
          advertising expense.  They claim that they sponsored the teams and          
          in return received advertising space in the team pamphlet.                  
               Petitioners admit that the payment for the claimed expense was         
          in reality a contribution to the league in which their daughters’           
          teams competed.  We find that this payment was a personal expense,          
          not a business expense.  Petitioners are not entitled to the                
          claimed 1989 advertising expense.                                           






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