Peter Showler - Page 11




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               In support of his burden, respondent relies upon an opinion            
          letter from the Securities and Exchange Commission (SEC) issued             
          in response to a “No-Action Request” made on behalf of an                   
          individual and an organization involved in the sale of                      
          securities.  According to the opinion letter, the “facts and                
          circumstances” presented, which might or might not be similar               
          to petitioner’s, could result in an SEC enforcement action for              
          violation of the 1934 Act.  We cannot help but wonder whether the           
          circumstances described in the opinion letter are, in fact, so              
          similar to petitioner’s that the conclusion reached in the letter           
          has application to petitioner’s situation.  Even if applicable,             
          the conclusion is hardly determinative of whether payment of the            
          commission expense should be treated as an illegal payment within           
          the meaning of section 162(c), and the opinion letter, in and of            
          itself, hardly satisfies respondent’s burden on the point.                  
               Respondent’s disallowance of the commissions expense                   
          deduction claimed on the Schedule C is rejected.  Petitioner is             
          entitled to a deduction for commission expenses to the extent the           
          payment of those commissions has been substantiated.                        
               To reflect the foregoing,                                              

                                             Decision will be entered                 
                                        under Rule 155.                               









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