Robert J. Geary - Page 7




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               In a notice of deficiency dated January 16, 1997, respondent            
          disallowed petitioner's total claimed Schedule C advertising                 
          expense deduction for the 1993 tax year.  Respondent contends                
          that petitioner's claimed advertising expenses were actually                 
          lobbying and political expenditures which are disallowed by                  
          section 162(e).                                                              
                                       OPINION                                         
               Deductions are a matter of legislative grace.  See New                  
          Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934).  A                  
          taxpayer bears the burden of proving that he is entitled to                  
          claimed deductions.  See Welch v. Helvering, 290 U.S. 111, 115               
          (1933).                                                                      
               Petitioner has advanced two alternative arguments in support            
          of his claim that the expenses incurred should be allowable as an            
          ordinary and necessary business deduction:  (1) Petitioner                   
          contends that the claimed deduction represents Schedule C                    
          business expenses incurred by petitioner in his business as an               
          entertainer; or, alternatively, (2) petitioner contends that the             
          expenditures represent unreimbursed employee business expenses               
          which are deductible on Schedule A.                                          
          1.   Section 162(e)(2)(B) Exclusion                                          
               Relying on Section 162(e), respondent contends that                     
          petitioner would not be entitled to deduct his claimed expenses              
          even if they otherwise had been allowable deductions under                   
          section 162(a).                                                              




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