- 20 - should have been reported by Amazona on a return covering 1991, not on its initial return filed for calendar year 1992. There is no evidence in the record to establish that the funds provided by petitioner were actually expended by Mr. Garrett for the purposes stated on the amended 1992 return. That return reflects that Amazona claimed total expenses of $48,579 for entertainment fees, legal fees, travel, and meals and entertainment. With respect to the claimed legal fees of $794.08, petitioner testified that the payment was for the attorney’s services in incorporating Amazona.10 Such an organizational cost, however, is a capital expenditure not a deductible business expense under section 162. Upon an S corporation’s proper election, such organizational costs may only be amortized and deducted by that S corporation’s shareholders ratably over a period of not less than 60 months beginning with the month in which the corporation starts business. See sec. 1363(b)(3), 248; secs. 1.248-1(b)(1) and (2), Income Tax Regs. In the instant case, however, no such election was ever made on Amazona’s 1992 return. With respect to the $22,000 petitioner asserts he repaid to 10Petitioner originally had expected Mr. Garrett to pay this legal bill using the $5,000 of start-up money that petitioner had deposited in Amazona’s bank account in July 1991. Following Mr. Garrett’s failure to pay the attorney’s bill for the incorporation work, petitioner paid $794.08 to the attorney in 1992.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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