- 12 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007