Linda Klyce - Page 24




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               Petitioner produced a photocopy of a $325 money order,                 
          purchased on June 3, 1992, by one of the other shareholders of              
          Special O, Marian Wilson, with the payee listed as Black Expo               
          USA.  Petitioner failed to produce evidence sufficient to show,             
          within the strict substantiation parameters of section 274(d),              
          that any other expenses were incurred in connection with the New            
          Orleans trip that would be deductible by Special O.11  In                   
          connection with the $325 payment to Black Expo USA, in order for            
          petitioner to be entitled to a deduction for her allocable share            
          of such expense (derivatively through the net profit or loss of             
          Special O), the expense must have been incurred by Special O.               
          The record shows that the $325 was paid by Marian Wilson, one of            
          the shareholders of Special O.  The record does not show whether            
          Special O reimbursed Marian Wilson the $325.  A corporation is              
          not entitled to deduct unreimbursed shareholder expenses.  See              
          Lang Chevrolet Co. v. Commissioner, T.C. Memo. 1967-212.  Special           
          O, therefore, could not have claimed a deduction for this item              
          unless Special O reimbursed the expense to the shareholder who              


          11                                                                          
               Petitioner produced a rental car contract from Audubon Rent-           
          A-Car in Baton Rouge, Louisiana, signed by one of the other                 
          Special O shareholders, showing a $289.71 payment for rental of a           
          vehicle (the type of which is unidentifiable on the face of the             
          contract) from Nov. 27 through Nov. 30, 1992.  Although the Court           
          is satisfied that this vehicle was rented during the relevant New           
          Orleans trip, the Court is not convinced that this expense is               
          primarily related to or properly allocable to Special O.  Even if           
          viewed as a "travel to and from a destination" expense, it is not           
          deductible.  Sec. 1.162-2(b)(1), Income Tax Regs.                           




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