Corey L. Wheir - Page 17

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          is also sustained as to those disallowed expenses.  Such items              
          may well be consumed not only by bodybuilders but also by others            
          interested in their health and physical appearance.                         
               As noted above, petitioner also used a variety of other                
          products that were not ingested but were physically applied to              
          the body primarily to enhance his appearance as a professional              
          bodybuilder.  Even though no evidence was presented to establish            
          that those products were used by nonprofessional bodybuilders,              
          the Court recognizes that such products could be and might in               
          fact be used by nonprofessionals interested in their physical               
          appearance.  The evidence presented indicates that these products           
          were marketed only through bodybuilding publications and were not           
          generally for sale through normal marketing outlets.  The fact              
          that nonprofessionals may have used such products does not, in              
          the Court's view, tip the scale against professional                        
          bodybuilders, bearing in mind the general rule cited above that             
          the Court's role on questions of this nature is to reconcile                
          sections 262 and 162.  As to these products, while there may be             
          some doubt, the Court concludes, on balance, that the scale tips            
          ever so slightly in favor of petitioner.  Petitioner, therefore,            
          is allowed a deduction for this portion of the expenses.                    










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