Mediaworks, Inc. - Page 12

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          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...)           





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