Haas & Associates Accountancy Corporation - Page 10




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               The evidence does not establish that the $63,500 payment                  
          relating to the so-called consulting services represented an                   
          ordinary and necessary business expense for Haas or for Haas &                 
          Associates.  See Rule 142(a).  Haas was an experienced accountant              
          and had good relationships with the clients.  The credible                     
          evidence does not establish the need for any such services.                    
               Further, any payment relating to consulting services that                 
          Petrie and DPH provided before the division of the DPH accounting              
          firm is to be treated as a nondeductible startup expenditure of                
          Haas’ individual accounting practice or of Haas & Associates’                  
          accounting practice.  See sec. 195.                                            

          $151,000 Relating to 8.26-Percent Stock                                        
          Interest and Section 6662(a) Penalty                                           
               Alternatively, petitioners claim that the $151,000 relating               
          to Haas’ receipt of the additional 8.26-percent stock interest in              
          DP should be excluded from their income.                                       
               Under the "strong proof" rule generally followed by this                  
          Court, taxpayers challenging the tax treatment or allocations                  
          reflected in purchase and sale contracts may succeed only by                   
          producing strong proof that the revised allocations better                     
          reflect the actual intent of the parties and the economic                      
          realities.  See Schulz v. Commissioner, 294 F.2d 52, 54 (9th Cir.              
          1961), affg. 34 T.C. 235 (1960); Meredith Corp. & Sub. v.                      








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