- 30 - that the term “advertising” is a term of art for Federal income tax purposes. Indeed, respondent implicitly concedes that the rules with respect to advertising govern the deductibility of the litigated expenses, although, under respondent's interpretation of those rules, the litigated expenses are not deductible business expenses because they are capital expenses. Moreover, respondent called as an expert witness Mukesh Bajaj, Ph.D., senior associate, Business Valuation Services, Inc. Dr. Bajaj was accepted by the Court as an expert in corporate finance and business valuation, and his written report was received into evidence as his expert testimony. Dr. Bajaj testified that there is an accepted textbook definition of advertising.5 On cross- examination, he conceded that cigarette package graphic designs qualify as advertising under that definition. On brief, respondent agrees that cigarette pack graphic designs fit the textbook definition of advertising. We are, thus, satisfied 4 (...continued) product, convey information, attract attention at point of sale when the retailer displays the pack, and other purposes.”, with (2) “The advertising for a product or group of products serves to convey information, project the image chosen for the positioning of the product or products, attract consumer attention to the product or products, and other purposes.” 5 Dr. Bajaj testified that the accepted, current textbook definition of advertising is the 1948 definition of the American Marketing Association, which he summarized as follows: “any paid form of non-personal presentation and promotion of ideas, goods, or services by an identified sponsor, which involves the use of mass media.” (Emphasis omitted.)Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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