Union Ganadera Regional de Chihuahua, Inc. - Page 10




                                        - 10 -                                         
          1993).  Thus, respondent determined withholding deficiencies of              
          $53,608 for 1992 and $107,107 for 1993.  Lastly, respondent                  
          determined that petitioner was liable for sections 6651(a)(1) and            
          6656 additions to tax.                                                       
                              ULTIMATE FINDINGS OF FACT                                
               The amount petitioner paid Union Mexico with respect to the             
          costs for inspection and bathing of cattle was an ordinary and               
          necessary section 162 expense.                                               
                                       OPINION                                         
               Our task is to decide whether petitioner is entitled to deduct          
          the payments it made to Union Mexico for costs of inspection and             
          bathing of cattle crossing into the United States (at petitioner’s           
          Santa Teresa facility) from Mexico.  Petitioner maintains that               
          these payments were ordinary and necessary business expenses.                
          Respondent disagrees, and further argues that the disallowed fees            
          represented disguised dividends paid by petitioner to its sole               
          shareholder.  Respondent further maintains that inasmuch as the              
          inspection and bathing processes occurred at Union Mexico’s San              
          Jeronimo facility prior to the cattle crossing into the United               
          States, the fees for these expenses (insofar as petitioner is                
          concerned) are neither customary nor appropriate.                            
               The applicable Code provision is section 162(a), which                  
          provides that “There shall be allowed as a deduction all the                 
          ordinary and necessary expenses paid or incurred during the taxable          
          year in carrying on any trade or business”.  The test for                    




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