- 12 - expenses related to the Centurion were not “ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business” of petitioner’s within the meaning of section 162(a) and, accordingly, that none of petitioner’s expenses related to the Centurion are deductible by it under section 162(a). Cirelli v. Commissioner, 82 T.C. 335, 349-350 (1984); Am. Props., Inc. v. Commissioner, 28 T.C. 1100 (1957), affd. per curiam 262 F.2d 150 (9th Cir. 1958); see also Carter v. Commissioner, T.C. Memo. 1978-202, affd. 645 F.2d 784 (9th Cir. 1981). Even if petitioner did meet the requirements of section 162(a) as to those expenses, it would still not prevail. Under section 274(a)(1)(B),7 deductions which otherwise would be 6(...continued) mention of the filming of documentaries; the minutes stated that the Centurion was “to be used for a general business office, staff and client meetings, and corporate entertainment”. (Emphasis added.) Petitioner’s petition to this Court also makes no mention of the filming of documentaries; it alleges as to this issue that “Expenses incurred by Petitioner during income tax years ended August 31, 1998 and August 31, 1999 in connection with maintaining an office at its principal place of business on * * * [the Centurion] are fully deductible under Code Section 162(a) for each of said income tax years.” Petitioner made this allegation pursuant to Rule 34(b)(4) and (5), which requires that every petition to this Court contain “Clear and concise assignments of each and every error which the petitioner alleges to have been committed by the Commissioner in the determination of the deficiency * * * [and] Clear and concise lettered statements of the facts on which the petitioner bases the assignments of error”. 7 Section 274(a)(1) provides in pertinent part: (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011