Joseph A. and Sari F. Deihl - Page 68

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          Sari Collection,13 and various payments were made to the company            
          throughout the taxable year.  However, as shown in a handwritten            
          notation on an invoice from Arizona Natural Resources and in                
          Mayor’s general ledger, petitioners paid only a portion of a                
          billed charged and accrued the remaining $123,250 as an                     
          additional account payable as of December 31, 1998.                         
               Petitioners mention the purchases adjustment in their                  
          pretrial memorandum, stating:  “This is a timing issue.  The                
          dispute was denied and the $123,250 was paid to Arizona Natural             
          resources [sic], plus interest and attorney fees.  Petitioners              
          should not be required to go back and amend returns for a year in           
          which the amount was actually paid.”  Petitioners do not discuss            
          the matter on opening brief, while respondent concedes that                 
          petitioners did incur valid business expenses with respect to the           
          Sari cosmetic line but argues:  “Because there was a dispute over           
          this amount [the $123,250], it was never paid.  If it were to               
          have been paid, however, deduction would not be permissible until           
          the date of payment.”  Petitioners respond on reply brief, with             
          their argument, in its entirety, consisting again of two                    
          sentences:  “The monies owed Arizona Natural Resources were paid,           
          but after 1998, and thus, for a period closed for the companies.            
          Thus, the amount should be deducted for 1998.”                              


               13 Petitioners from time to time diversified the products              
          offered through their multilevel marketing structure.                       




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