E.W. Richardson - Page 38

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          argue that the model code definition would be administratively              
          burdensome to implement.                                                    
               Based on the foregoing, petitioner has failed to demonstrate           
          that the method selected by respondent was clearly unlawful or              
          plainly arbitrary; therefore, we hold that respondent’s                     
          determination must be upheld, and Investments must utilize a                
          model code definition of an item.22  Thor Power Tool Co. v.                 
          Commissioner, 439 U.S. at 532; Hamilton Indus. v. Commissioner,             
          97 T.C. at 129.                                                             
          Airplane Expenses                                                           
               Respondent disallowed the deductions arising from                      
          Investments' operation of the airplane to the extent that such              
          deductions exceeded the airplane rental fees it received.                   
          Respondent based her determination on alternative arguments;                
          specifically, respondent argued that the excess expenses were (1)           
          incurred primarily for the benefit of petitioner, (2) not                   
          ordinary and necessary, or (3) unreasonable in amount.                      
          Petitioner asserts that the excess expenditures are allowable.              
               Deductions are a matter of legislative grace, and the                  
          taxpayer bears the burden of proving that he is entitled to the             


          22   Respondent’s determination effects a change in Investments’            
          method of accounting; accordingly, respondent may make a sec. 481           
          adjustment.  Weiss v. Commissioner, 395 F.2d 500, 502 (10th Cir.            
          1968) (sec. 481 adjustment applies to subch. S shareholders),               
          affg. T.C. Memo. 1967-125; Hamilton Indus., Inc. & Sub. v.                  
          Commissioner, 97 T.C. 120, 127-128 (1991).  The parties may                 
          include this adjustment in their Rule 155 computations.                     




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