- 3 - OPINION Respondent determined that for 1993 and 1994, petitioner was not entitled to reduce its gross income by construction expenses relating to the two houses. At trial, the Court asked Allen Wood why these expenditures were characterized as cost of goods sold. Allen Wood stated that he did not know why and acknowledged that such treatment "could have been wrong". We sustain respondent's determination. The construction expenses related to houses that were built on Allen Wood's property and ultimately sold by Wood Developers. In essence, petitioner paid Allen Wood's construction expenses. See Estate of Briden v. Commissioner, 11 T.C. 1095, 1134 (1948) (stating that a shareholder's personal expenses are not a part of a corporation's cost of goods sold), affd. 179 F.2d 619 (1st Cir. 1950). Petitioner contends, in the alternative, that it is entitled to an advertising deduction for these expenses. At trial, Allen Wood attempted to establish a nexus between petitioner's business and an advertising deduction by asserting that petitioner's payment of the expenses was part of a plan to meet local contractors. We reject petitioner's contention. Advertising expenses are deductible if such expenses are "ordinary and necessary". Sec. 162(a); see sec. 1.162-1(a), Income Tax Regs. An expense is "ordinary" if it is customary or usual within a particular trade, business, or industry, see Deputy v. du Pont, 308 U.S. 488, 495-496 (1940), and "necessary"Page: Previous 1 2 3 4 Next
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