Bruce K. Remy and Gail E. Remy - Page 6

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                  "goodwill" advertising.  The taxpayer stated that                   
                  he did not always charge when patients called in                    
                  for a consultations [sic] on the phone or when                      
                  patients called him to have prescriptions                           
                  refilled.  The taxpayer has stated that the                         
                  normal charge for this type of service is $15 to                    
                  $20.  The taxpayer had kept a log of calls that                     
                  he received and he deducted for these calls as                      
                  goodwill advertising.                                               
                  LAW:Internal [sic] Revenue Code Section 162                         
                  states that there shall be allowed as a deduction                   
                  all the ordinary and necessary expenses paid or                     
                  incurred during the taxable year in carrying on                     
                  any trade or business.                                              
                  In Von [sic] Iderstine Co., 16 TCM 790, Dec.                        
                  22,578(M) the court stated that no evidence to                      
                  show any publicity for the petitioner resulted                      
                  from making payment or that any goodwill was                        
                  engendered.                                                         
                  Taxpayer's Position:The [sic] taxpayer's position                   
                  is that the services that he provided has a                         
                  value.  The taxpayer states that cash does not                      
                  have to change hands if the services provided has                   
                  [sic] a clear monetary value.  The taxpayer,                        
                  therefore, thinks it is reasonable to consider                      
                  the services having a cash value and being                          
                  deductible as an advertising expense.                               
                  Conclusion:Based [sic] upon the facts and law                       
                  stated above, the taxpayer is not entitled to the                   
                  claimed deduction.  The taxpayer is on the cash                     
                  method of accounting.  No income has ever been                      
                  reported for the claimed deduction.  In addition,                   
                  the taxpayer has not proved that any goodwill was                   
                  engendered.  Items are not deductible under IRC                     
                  162.                                                                
                                                                                     
                  Approximately 6 months later, respondent mailed to                  
             petitioners the notice of deficiency that is at issue in                 
             this proceeding.  In the notice of deficiency, respondent                







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