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