Frank M. Settimo and Sallyn M. Settimo - Page 5

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               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 the            








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