Menard, Inc. - Page 77

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          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 now                 





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