- 5 - D. Notice of Deficiency Respondent, in his notice of deficiency, disallowed all expenditures made after October 4, 1996 (including the 1997 expenses), on the basis that the expenditures were the expenses of Export rather than petitioner. As to the pre-incorporation expenses, respondent disallowed deductions for advertising, insurance, office expenses, and taxes and licenses. Respondent allowed petitioner a depreciation deduction of $138 for part of the office expenses. Additionally, respondent disallowed $216 for travel and $705 for utilities. Respondent disallowed the pre-incorporation expenses on the basis that petitioner failed to establish that the expenses incurred before the date of incorporation were ordinary and necessary expenses or actually expended. Petitioner argued at trial that this Court should disregard Export’s corporate form so that Export’s expenses may be claimed on petitioner’s Schedule C. Further, petitioner asserts that he expended the amounts claimed, and that the deductions constituted business expenses. Respondent counters that this Court should uphold the corporate form and deny all expenses in excess of the amounts allowed by respondent in his notice of deficiency. OPINION We first consider the disallowed Schedule C expenses which represent post-incorporation expenditures. We then consider thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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