Richard S. Cotler - Page 10




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          affd. 85 Fed. Appx. 875 (3d Cir. 2003).                                     
               Mr. Cotler argues that although the firm wrote the checks              
          that paid for the Standard policy, he reimbursed the firm for the           
          amount of his premiums by deducting these amounts from his                  
          shareholder loan account.  In Bouquett v. Commissioner, T.C.                
          Memo. 1994-212, a corporation paid the premiums on the taxpayer’s           
          disability policy.  In Bouquett, we held that the corporation was           
          nothing more than a conduit that paid the premiums nominally and            
          then collected the premium payments from the employees.  Mr.                
          Cotler reimbursed the firm by subtracting the amounts of the                
          insurance premiums from his loan to the firm.  Mr. Cotler’s firm            
          was nothing more than a conduit.                                            
               Ms. Marlane and Mr. Gladstone credibly testified that Mr.              
          Cotler had a longstanding and consistent practice of not paying             
          personal expenses with corporate funds.  From the inception of              
          the Standard policy until premiums were waived, Mr. Cotler                  
          treated the premiums as personal items, he paid his share of the            
          premiums during the years in issue through his loan account, and            
          the firm never deducted them on its Forms 1120.                             
               Respondent argues that Mr. Cotler failed to reimburse his              
          firm for the premiums on the Standard policy.  Respondent further           
          argues that the bookkeeping entries and the shareholder loan                
          receivable document do not demonstrate that Mr. Cotler actually             
          paid the premiums on the Standard policy.  We disagree.  Since              







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