Mediaworks, Inc. - Page 22

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          facility by the corporation as the owner.  Moreover, from a legal           
          standpoint, even if respondent had passed upon the application of           
          sections 162(a) and 274(a)(1)(B) to expenses similar to those at            
          hand, the fact that respondent has previously examined a deducted           
          expense in one year, and not disallowed it, does not mean that              
          the expense is a proper deduction in another year.  Fleischli v.            
          Commissioner, 123 T.C.    ,     (2004).  While the failure to               
          disallow a prior deduction may in certain cases give a taxpayer             
          reasonable cause for later claiming a similar deduction, such is            
          not the case where, as here, the record fails to establish that             
          the facts underlying the earlier deduction are similar to the               
          facts underlying the later deduction.                                       
               We sustain respondent’s determination as to the accuracy-              
          related penalties.                                                          
                                                                                     
               All of the parties’ arguments have been considered, and                
          those arguments not discussed herein have been found to be                  
          without merit.  To reflect concessions,                                     
                                                  Decision will be entered            
                                             under Rule 155.                          













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