-5- As to the issue that we do decide, petitioners assert that the S corporations are entitled to deduct the daycare expenses of petitioners’ children. Petitioners’ entire argument in brief is as follows: Pursuant to Rev. Rul. 73-348, 1973-2 C.B. 31, the Respondent permits a corporation’s payments to a day care center to provide care for the preschool children of its employees while they are at work to be deducted under IRC 162. Petitioner Sallyn Settimo could not have worked unless day care was provided to her preschool children. The Subchapter S Corporations paid for that day care. We are unpersuaded by this argument. While section 162 allows a corporate taxpayer to deduct the ordinary and necessary expenses of its business, the mere fact that petitioner’s wife may have been unable to work for the S corporations unless daycare was provided to her children does not necessarily mean that the payment of petitioners’ daycare expenses is an ordinary and necessary expense of the S corporations. While respondent ruled in Rev. Rul. 73-348, supra, that a taxpayer was able to deduct the daycare expenses related to the children of its employees, the ruling notes that the expenses were “directly related” to the taxpayer’s business. On the basis of the record at hand, we are unable to find that petitioners’ daycare expenses were directly related to the business of the S corporations or, in other words, that those expenses are an ordinary and necessary expense of thePage: Previous 1 2 3 4 5 6 Next
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