Lorianne Blake - Page 8

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               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 States             






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