Stevedoring Services of America, Inc. and Subsidiaries - Page 10

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          the expense was paid or incurred; (2) that it was paid or                   
          incurred during the taxable year in issue; (3) that it was paid             
          or incurred in carrying on a trade or business; and (4) that the            
          expense was ordinary and necessary.  Sec. 162; sec. 1.162-1,                
          Income Tax Regs.  Petitioners did not pay or incur any additional           
          insurance expenses in the year ended January 26, 1990.  All of              
          the claimed amounts were paid in years prior to the year ended              
          January 26, 1990, with regard to insurance contracts entered into           
          and in effect in those prior years.  See sec. 461(a).                       
          Petitioners made no economic outlay and incurred no liability in            
          the year ended January 26, 1990, that would give rise to a                  
          deduction.  Therefore, no deduction is allowed under section                
          162(a).                                                                     
               Both parties have argued at length about whether or not                
          certain of the transactions entered into by petitioners and                 
          Hanseatic and Eagle, respectively, were "insurance" for tax                 
          purposes.  We need not decide whether the transactions                      
          constituted insurance because nothing occurred in the year ended            
          January 26, 1990, that would entitle petitioners to a deduction             
          even if the transactions were "insurance".                                  
               Petitioners have also argued that, in order to portray the             
          economic realities of the splitup, a deduction must be allowed.             
          Disallowance of the claimed deduction, however, reflects the                
          following economic realities:   Petitioners previously made                 
          payments to related insurance companies for which deductions were           




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