Earnest and Laura Tillman - Page 10

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          or business.  Sec. 162(a).  Whether expenditures are “ordinary”             
          and “necessary” generally are questions of fact.  Commissioner v.           
          Heininger, 320 U.S. 467 (1943).                                             
               We agree with respondent that petitioners may not deduct any           
          expenses on their Schedules C, other than the ones she has                  
          allowed.  Petitioners have not persuaded us that they incurred              
          any other expenses (including the disallowed amounts reported on            
          their tax returns), or, even if they had, that these other                  
          expenses were ordinary and necessary under section 162(a).                  
          See also sec. 6001 (petitioners must keep sufficient records to             
          substantiate any deduction otherwise allowable by the Code).                
               With respect to the 1986 and 1988 Peterbilts, respondent               
          determined that Mr. Tillman purchased these trucks.  Petitioners            
          claim that Mr. Tillman leased them.  To support their claim,                
          petitioners rely primarily on the fact that some of the documents           
          surrounding the acquisition use the terms “lease” or “rent”.  We            
          are not persuaded.  Whether a transaction is a sale or a lease              
          does not rest on the name given to the transaction by the parties           
          thereto, either in or out of the surrounding documents.  What is            
          critical is the intent of the parties.  We must ask ourselves:              
          “What did the parties to the transaction believe the legal effect           
          of the transaction to be?”  M & W Gear Co. v. Commissioner,                 
          446 F.2d 841, 844 (7th Cir. 1971), affg. in part, revg. in part,            
          and remanding 54 T.C. 385 (1970).  With this in mind, we are                
          unpersuaded that Mr. Tillman’s acquisitions of the Peterbilts               




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