Universal Marketing, Inc. - Page 12




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               F.   Conclusion                                                        
               Petitioner has failed to meet its burden of proving that the           
          $509,000 payment to Mr. Reeves constituted reasonable                       
          compensation.  Therefore, the Court finds that the payment of               
          $100,000 in petitioner’s FYE May 31, 1996, as allowed by                    
          respondent, is deductible under section 162(a)(1).13                        
          III. Petitioner’s $80,000 Expense Deduction                                 
               Under section 162(a), a taxpayer may deduct ordinary and               
          necessary business expenses incurred or paid during the taxable             
          year.  Generally, a taxpayer carrying materials and supplies on             
          hand is allowed to deduct expenditures for them only in the                 
          amount that they are actually consumed and used in operation                
          during the taxable year.14  Sec. 1.162-3, Income Tax Regs.                  
          However, the cost of acquiring property having a useful life                
          beyond a taxable year is a nondeductible capital expenditure,               
          except as otherwise provided in chapter 1 of the Code.15                    
          Prudential Overall Supply v. Commissioner, T.C. Memo. 2002-103;             


               13 Conversely, the Court finds $409,000 of the $509,000                
          claimed as a deduction for FYE May 31, 1996, to be                          
          nondeductible.                                                              
               14 Sec. 1.162-3, Income Tax Regs., also allows costs of                
          incidental materials and supplies to be deducted when purchased             
          if inventories and records of consumption are not kept and                  
          taxable income is clearly reflected.                                        
               15 For instance, sec. 167(a) provides that there shall be              
          allowed as a depreciation deduction a reasonable allowance for              
          the exhaustion, wear, and tear of property used in a trade or               
          business.                                                                   





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