- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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