A.J. Concrete Pumping, Inc. - Page 26




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               It appears that petitioner paid these expenses on behalf of            
          Olympic in order to protect Bone and Guerrero’s investment in               
          Olympic.  They were Olympic’s sole shareholders, and any benefit            
          from the payments would have inured to them, not to petitioner.             
          Bone testified that he made regular trips to Washington State to            
          motivate Olympic employees and “get things rolling”.  Bone stated           
          that he had a substantial personal investment in Olympic and that           
          the trips he took to Washington State helped him to protect his             
          investment.  Petitioner did not have an equity interest in                  
          Olympic, and the evidence does not establish that petitioner paid           
          the expenses of Olympic to protect petitioner’s business                    
          interests.  Accordingly, respondent’s determination regarding               
          this adjustment is sustained.                                               
               6.  Insurance Expenses                                                 
               Respondent determined that petitioner did not fully                    
          substantiate its insurance expenses.  At trial, petitioner did              
          not address this issue in any detail.  While Bone testified that            
          petitioner was required by banking institutions to maintain                 
          insurance on the lives of the shareholders, no corroborating                
          documentary or other evidence was offered on this point.  Under             
          these circumstances, petitioner has not shown that the insurance            
          deduction was an ordinary and necessary business expense of                 
          petitioner.  Accordingly, respondent’s determination on this                
          issue is sustained.                                                         






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