Paul A. and Marilyn J. Grothues - Page 21




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          Commissioner, supra; Gantner v. Commissioner, 91 T.C. 713, 725              
          (1988); Lohrke v. Commissioner, 48 T.C. 679, 684 (1967).9                   
               The facts of this case indicate that petitioners made the              
          corporate employment tax payments out of their own pockets in               
          their capacities as stockholders of their corporations.  They did           
          so with the purpose of keeping their corporations in business               
          without incurring Federal tax penalties.  There is no evidence in           
          the record that petitioners promoted their own separate                     
          businesses when they paid their corporations’ employment taxes.             
          Petitioners do not qualify for any of the exceptions to the                 
          general rule that payments by stockholders of the obligations of            
          their corporations are not ordinary and necessary expenses of the           
          stockholders as required by section 162(a).                                 
               Finally, a payment by a taxpayer of interest on another’s              
          obligation generally is not deductible by the taxpayer.  Williams           
          v. Commissioner, 3 T.C. 200, 202 (1944); Automatic Sprinkler Co.            
          of Am. v. Commissioner, 27 B.T.A. 160, 161 (1932).  Therefore,              


               9Petitioners may deduct a payment they made on behalf of a             
          corporation if it is an ordinary and necessary expense of a trade           
          or business they own.  Betson v. Commissioner, 802 F.2d 365 (9th            
          Cir. 1963), affg. T.C. Memo. 1984-264; Gould v. Commissioner, 64            
          T.C. 132, 134-135 (1975); Lohrke v. Commissioner, 48 T.C. 679,              
          688-689 (1967).  If the expenditure is appropriate to protect or            
          promote that trade or business, the expense may be deductible by            
          the individual paying it.  Gould v. Commissioner, supra; Lohrke             
          v. Commissioner, supra.  However, a taxpayer may not deduct                 
          payments made with the purpose of keeping in business a                     
          corporation in which the taxpayer holds an ownership interest.              
          Betson v. Commissioner, supra; Lohrke v. Commissioner, supra.               





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