Victor M. Bello - Page 13




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                    Accordingly, your 1992 and 1994 taxable incomes                   
                    are increased $5,000.00 and $3,558.00,                            
                    respectively.                                                     
          Specifically, with respect to the disallowed Amazona loss,                  
          respondent determined that it had not been established that the             
          entertainment fees, legal fees, travel expenses, and meal and               
          entertainment expenses claimed for the S corporation on                     
          petitioner’s 1992 return were (1) ordinary and necessary business           
          expenses, or (2) expended for the purposes indicated.  Respondent           
          further determined that petitioner was liable for a penalty under           
          section 6662(a) for 1992, 1993, 1994, and 1995 for substantial              
          understatements of income tax with respect to the entire                    
          underpayment for each year.                                                 
                                       OPINION                                        
          Issue 1.  Villa del Mar Business Deductions                                 
               Section 162(a) allows a taxpayer a deduction for all the               
          ordinary and necessary expenses paid or incurred during the                 
          taxable year in carrying on a business.  To be deductible under             
          section 162, an expense must be directly connected with or                  
          proximately result from the taxpayer’s business.  See Kornhauser            
          v. United States, 276 U.S. 145, 153 (1928).  Capital                        
          expenditures, however, may not be deducted under section 162, but           
          instead, generally must be added to the basis of the capital                
          asset for which they are incurred.  See Woodward v. Commissioner,           
          397 U.S. 572, 574-575 (1970); see also secs. 263, 261, 161.  In             







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