Stephen D. Podd - Page 54

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               During the fiscal years ending May 31, 1989 and 1990, Powertex         
          claimed depreciation deductions on its Federal corporate income tax         
          returns for a desk, chair, and other standard office furniture              
          located at 255 Beverly Avenue.  Powertex also paid the Podds'               
          worldwide travel and entertainment expenses.  Plus paid the                 
          following wages in Canadian dollars:                                        
               Year      Mr. Podd    Mrs. Podd    Victor, Jr.    Stephen              
               1988      $70,000   $60,000        $35,000   $35,000                   
               1989      61,525    61,525         49,215         49,215               
               1990      100,000   100,000        25,000         25,000               
                                        OPINION                                       
               In the notices of deficiency, respondent adjusted the income of        
          Powertex by disallowing the deductions claimed for management fees          
          paid to Plus for the fiscal years ending in 1988 through 1990.              
          Respondent determined that such amounts were neither ordinary and           
          necessary business expenses nor expended for the purpose designated.        
               Deductions are a matter of legislative grace, and a taxpayer           
          seeking a deduction must meet every condition that Congress has             
          imposed for entitlement to the deduction claimed.  New Colonial Ice         
          Co. v. Helvering, 292 U.S. at 440.  Section 162 generally allows a          
          deduction for ordinary and necessary expenses paid or incurred              
          during the taxable year in carrying on a trade or business.  The            
          determination of whether an expenditure satisfies the requirements          
          of deductibility under section 162 is a question of fact to be              








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