- 12 - appears to include non-cash expenditures for fringe benefits in the form of goods or services." In support of this assertion, petitioners cite Wright v. Commissioner, T.C. Memo. 1992-60, in which the Court permitted the operator of a barter exchange to deduct under section 162(a) the value of "trade units", the medium of exchange for transactions between members of the barter exchange, that the taxpayer repaid to the exchange to correct deficits created by other members. Petitioners also cite Sullivan v. Commissioner, T.C. Memo. 1982-150, in which the Court allowed a service station operator to deduct the cost of beer that he offered to his customers free of charge while their vehicles were being filled with gasoline or serviced. Finally, petitioners cite Newark Morning Ledger Co. v. United States, 507 U.S. 546 (1993), which petitioners argue establishes "an important conceptual landmark which, in this instance, would allow a basis for the valuation and favorable tax treatment of legitimate services provided by a business owner for the benefit of his customers to engender good will, under the advertising expenses expressly allowable under Reg. section 1.162-1." Petitioners fail to perceive that section 162 limits the expenses that a cash basis taxpayer can deduct to those which are "paid" during the year. Petitioners also fail toPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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