Ronald D. Ciaravella - Page 15

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          in section 162.  Commissioner v. Lincoln Elec. Co., 176 F.2d 815,           
          817 (6th Cir. 1949).                                                        
               On its consolidated returns, Icarus deducted as advertising            
          expenses the Dolphin payments made through Innovative to                    
          reimburse Mr. Ciaravella for his race car expenditures.  The                
          burden is upon Icarus to prove that Dolphin's race car                      
          expenditures were ordinary and necessary to its business of                 
          selling and leasing aircraft.  Rule 142(a); Amey & Monge, Inc. v.           
          Commissioner, 808 F.2d 758, 761 (11th Cir. 1987); Gill v.                   
          Commissioner, supra; Brallier v. Commissioner, supra.                       
               We find that there is a proximate relationship between the             
          race car expenditures and the Dolphin business.  Mr. Ciaravella's           
          racing activities were well calculated to provide him national              
          exposure that he could take advantage of in his capacity as chief           
          executive and sales manager of Dolphin.   Mr. Ciaravella met a              
          number of celebrities and other prominent people at the races.              
          These are the types of people who may be interested in buying or            
          leasing the high performance aircraft held by Dolphin and other             
          members of the Icarus controlled group.  Accordingly, we conclude           
          that the expenses are ordinary.                                             
               We also find that the racing activity provided benefits to             
          the Dolphin business.  Mr. Ciaravella's name and company were               
          announced at each race.  Spectators saw the Dolphin logo on the             
          sides of the car.  Even if, as respondent contends, the cars were           
          moving too fast during the actual races for the logo to be                  



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