Victor M. Bello - Page 20




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          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.                                                                       




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