Joseph A. and Sari F. Deihl - Page 50

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               The testimony pertaining to Landmark Jewelers was similar in           
          that Mr. Deihl indicated that purchases were made at the jewelry            
          store for both promotional rewards and “actual gifts”.  He                  
          further stated that he did not “recall” making any personal                 
          purchase at Landmark Jewelers during the years in issue, although           
          Mrs. Deihl admitted that personal items had been bought at                  
          Landmark Jewelers in earlier years.  Likewise, Mr. Deihl                    
          testified to having purchased at Saba’s “little cowboy boot                 
          trinkets” to give away to convention participants.  However, he             
          also conceded that he made personal clothing purchases at Saba’s            
          as well.                                                                    
               Hence, as to each of the foregoing establishments, the                 
          record supports that purchases falling into more than one of the            
          various categories that affect deductibility, i.e., compensatory            
          awards, business gifts, and personal items, were made.  Some                
          charges are therefore potentially allowable under section 162               
          alone, others are limited by section 274, and still others are              
          nondeductible under section 262.  Yet the record is insufficient            
          for the Court to differentiate and separate the actual charges              
          claimed into the appropriate categories.  Petitioners generally             
          chose not to offer item-by-item explanations,11 and with the                

               11 In one instance, Mr. Deihl was questioned at trial about            
          a particular invoice item from Landmark Jewelers, namely, a                 
          $13,900 sapphire, diamond, and platinum ring.  His response was:            
          “Sapphire is one of the achievement levels that we have in the              
                                                             (continued...)           




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