- 17 - have not provided the means for the Court to delineate which insurance payments, if any, AJCS is entitled to deduct or were ordinary and necessary expenses of AJCS’s business. Another complicating factor is that AJCS claimed insurance expenses under several different categories on its tax returns. It is impossible to tell from the evidence whether the checks petitioners submitted are already claimed on AJCS’s 1993 tax return as insurance under other deductions or whether they are included in other general categories. Finally, the record in this case does not reveal whether the amounts in dispute are AJCS’s expenses or more properly those of the affiliates.11 Petitioners have failed to show that AJCS is entitled to deduct workmen’s compensation expenses of $269,815, and, accordingly, we hold for respondent on this issue.12 11 Considering the fact that AJCS transferred its construction contracts to the four affiliates at the beginning of 1993 and began operating solely as a management company, it is more likely that the affiliates, and not AJCS, incurred ordinary and necessary workmen’s compensation insurance expense. We must note, however, that East was the only affiliate that obviously claimed a deduction for workmen’s compensation insurance during the period under consideration. 12 Respondent also contends that AJCS is not entitled to the deduction because there had been no economic performance as required by sec. 461(h) and the regulations thereunder. Because of our conclusion above, however, it is unnecessary for us to consider this argument.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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