- 7 - Section 262, however, expressly provides that no deduction shall be allowed for personal, living, or family expenses. For each of the years in issue, petitioner claimed a Schedule C deduction for advertising expenses for Herbalife products she purchased. However, petitioner personally consumed the majority of the Herbalife products she purchased. She also gave away an undocumented portion of the purchases as samples. Additionally, in computing her costs of goods sold, petitioner failed to deduct from her purchases the products she consumed personally or gave away. As a result, petitioner's costs of goods sold are improperly inflated. As detailed supra, petitioner deducted these same amounts as advertising expenses. To allow petitioner not only to report these amounts as costs of goods sold but also to deduct them as advertising expenses would allow her "the practical equivalent of double deduction." United States v. Skelly Oil Co., 394 U.S. 678, 684 (1969); Charles Ilfeld Co. v. Hernandez, 292 U.S. 62, 68 (1934); United Telecomm., Inc. v. Commissioner, 589 F.2d 1383, 1388 (10th Cir. 1978), affg. 67 T.C. 760 (1977) and 65 T.C. 278 (1975). As this Court has previously held, "The Code 'should not be interpreted' to allow double deductions for the same amount 'absent a clear declaration of intent by Congress,' * * * and we do not think section 162(a) reflects any such intent." Brenner v. Commissioner, 62 T.C. 878, 885 (1974) (quoting United StatesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011