-6- Longcrier (the consultants). The Letters were not signed by the consultants.6 The Letters purported to summarize the terms of a consulting/employment arrangement with In Touch, including the amount of compensation and benefits to be paid to the consultants. Each Letter contained the following statement: “Payments will be deferred until adequate funding can be obtained.”7 In Touch provided no other documents to respondent to substantiate the consulting fees claimed as ordinary and necessary business expenses and/or as startup expenditures. With respect to marketing expenses, respondent requested receipts and invoices, the business purpose of these expenses, and proof of payment. The only documentation produced by In Touch in response to this request was a typed list of expenses without any accompanying receipts or invoices. With respect to professional fees, respondent requested detailed invoices for professional services rendered, the dates of service, and canceled checks or receipts to prove payment. In Touch submitted typed summaries of the professional fees that failed to list the date and type of services provided. 6 The record contains no evidence that the Letters were ever delivered to the consultants. 7 As of the trial date, In Touch had not paid the consulting fees it accrued as deductible expenses and/or startup expenditures.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007