Ronald D. Ciaravella - Page 24

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          role Innovative appeared to play was to function as a checking              
          account, receiving deposits from Dolphin and in turn issuing                
          checks to trade publishers for the advertising expenses of                  
          Dolphin.6                                                                   
               Innovative played the same role with respect to payments               
          made by Innovative for the race car expenses and boat fuel                  
          expenses.  Innovative simply acted as a conduit through which               
          Dolphin would reimburse Mr. Ciaravella for expenses incurred in             
          connection with the racing activity.  And, although it was                  
          Dolphin that provided fuel to the boats that displayed its logo,            
          the fuel expenses were deducted on Mr. Ciaravella's returns as an           
          expense incurred by Innovative.7  Accordingly, all deductions               
          claimed on Mr. Ciaravella's Schedules C in connection with                  
          Innovative are disallowed.  Similarly, because Innovative is not            
          a trade or business, respondent's reversal of gross receipts                
          included in Mr. Ciaravella's income is sustained.  In short, our            
          treatment of Mr. Ciaravella's Innovative Schedules C, namely, the           
          reversal of gross receipts and disallowance of deductions, in               



               6 The passive role played by Innovative is further confirmed           
          by the fact that Icarus in its consolidated return with Dolphin             
          deducted the same expenses as Innovative for advertising and for            
          race car expenditures during the years in issue.                            
               7 Unlike other expenses for which Mr. Ciaravella was                   
          reimbursed by Dolphin, the boat fuel was provided by Dolphin                
          directly to the boat racers in exchange for having the Dolphin              
          logo displayed on the boats.                                                




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Last modified: May 25, 2011