- 10 - expenditure an appropriate expense to further or promote the taxpayer's trade or business? Id. In applying the first prong of the Lohrke test, we take into account whether there is "a clear proximate danger to the taxpayer and * * * a payment made to protect an existing business from harm." Young & Rubicam, Inc. v. United States, 187 Ct. Cl. 635, 410 F.2d 1233, 1243 (1969). The deduction is not allowed if the taxpayer fails to demonstrate "a direct nexus between the purpose of the payment and the taxpayer's business or income producing activities". Lettie Pate Whitehead Found., Inc. v. United States, 606 F.2d 534, 538 (5th Cir. 1979). Here, the record reflects that the expenses attributable to the incoming packages and envelopes from Guatemala had a definite purpose related to petitioner's outbound U.S.-Guatemala courier business. Approximately 78 percent of items petitioner delivered to Guatemala contained money orders or checks from Guatemalans living in the United States to their family members back home. For the most part, these individuals had temporary jobs and were highly transient. There was uncontroverted testimony that most of the inbound mail contained requests for money. In order to promote petitioner's business, petitioner had to possess the means to communicate with these transient workers. Petitioner accomplished this by creating a "fluid mailing list" of Guatemalans living in the United States for purposes of targeting customers. We arePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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