Subhendu Das - Page 7

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          parties agree that CCSI was an active corporation during the                
          years at issue.  CCSI was created to produce and market the                 
          sprinkler system, and petitioner transferred all equipment                  
          related to the sprinkler system to CCSI.  Thus every expense                
          related to the sprinkler system is an expense of CCSI, even if              
          petitioner paid the expense.                                                
               Furthermore, the fact that the expenses were deducted on               
          CCSI’s return when CCSI had income shows that the expenses are              
          those of CCSI.  Petitioner cannot shift expenses back and forth             
          depending on where the income was.  CCSI is an entity separate              
          from petitioner.  Moline Properties, Inc. v. Commissioner, supra.           
          Since petitioner did not file a Schedule C with his 1995 joint              
          return, we assume that 1995 was the year for which CCSI claimed             
          expenses on its return.                                                     
               Petitioner held out CCSI as the producer of the sprinkler              
          system, and, by incurring these expenses, petitioner was                    
          furthering the business of CCSI.  Leamy v. Commissioner, supra.             
          Therefore, we find that the expenses properly belong to CCSI and            
          not petitioner.5                                                            


          5  Respondent has not raised the issue of whether any of the                
          expenses were nondeductible, preopening expenses.  Richmond                 
          Television Corp. v. United States, 345 F.2d 901, 907 (4th Cir.              
          1965), vacated and remanded per curiam on other grounds 382 U.S.            
          68 (1965). Given that neither CCSI nor petitioner had sufficient            
          investors, any plans or facilities for manufacturing the product,           
          nor any staff for sales of the product, this issue would                    
          otherwise seem to be applicable.                                            




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