- 74 - accident, Menards likely would not have incorporated TMI and would have continued to sponsor race cars directly. 2. Whether the TMI Expenses Were Ordinary and Necessary in the Furtherance of Menards’s Business To meet the second part of the Lohrke test, the taxpayer must demonstrate that the expenses were ordinary and necessary in the furtherance or promotion of the taxpayer’s business. With respect to race car sponsorship expenditures, we have held that, to the extent the expenditures are reasonable in amount, the taxpayer may deduct them as ordinary and necessary business expenses attributable to advertising. See, e.g., Ciaravella v. Commissioner, T.C. Memo. 1998-31; Gill v. Commissioner, T.C. Memo. 1994-92, affd. without published opinion 76 F.3d 378 (6th Cir. 1996); Boomershine v. Commissioner, T.C. Memo. 1987-384; Brallier v. Commissioner, T.C. Memo. 1986-42; Hestnes v. Commissioner, T.C. Memo. 1983-727, affd. without published opinion 762 F.2d 1015 (7th Cir. 1985); Lang Chevrolet Co. v. Commissioner, T.C. Memo. 1967-212. First, however, a taxpayer must show that the purpose for sponsoring the racing activity was “to gain a reasonable amount of publicity” for the taxpayer’s business. Lang Chevrolet Co. v. Commissioner, supra. One objective indication of the taxpayer’s intent behind the racing expenditures is “the reasonableness of the relationship between the amount expended for the activity compared to the amount of benefit reasonably calculated to be derived.” Id. We nowPage: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
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