- 28 - that $2 million and $1,012,000 in the respective fiscal years at issue are deductible under section 162(a)(1).33 III. Advertising Expenses Petitioner argues it is entitled to deduct advertising expenses under section 162(a) of $1,105,276 for its FYE June 30, 1996. Advertising expenses are a type of ordinary and necessary expense for which a current deduction is allowed to an active trade or business. Sec. 162(a); sec. 1.162-1(a), Income Tax Regs. Advertising expenses are allowed as a deduction under section 162 if the taxpayer can demonstrate a sufficient connection between the expenditure and the taxpayer’s business. See RJR Nabisco Inc. & Consol. Subs. v. Commissioner, T.C. Memo. 1998-252. Petitioner is an active trade or business that entered into an exclusive contract with UMI to conduct all of petitioner’s marketing, advertising, and branding in the fiscal years at issue. In its FYE June 30, 1996, petitioner paid UMI $1,105,276 and deducted this amount as advertising expenses. Respondent argues that $831,137 of the advertising expenses was not for ordinary and necessary advertising expenses because it was a distribution to Mr. Reeves from UMI and not paid as 33 Conversely, the Court finds $278,000 of the $2,278,000 claimed by petitioner as a deduction for FYE June 30, 1995, to be nondeductible.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: November 10, 2007