- 55 - We agree in part with respondent17 and in part with petitioner. B. Corporate Expenses As a general rule, a corporation is to be treated as an entity separate from the individuals who own it, and this is true in respect of tax problems. New Colonial Co. v. Helvering, 292 U.S. at 442. An individual who pays the expenses of the corporation generally is not entitled to deduct those payments, unless those expenses are shown to be ordinary and necessary expenses of that individual. Deputy v. du Pont, 308 U.S. 488, 493- 495 (1940); Betson v. Commissioner, 802 F.2d 365 (9th Cir. 1986), affg. on this issue and revg. on another issue T.C. Memo. 1984- 17 As we discussed in connection with A. Schedule C Income-1982, supra (also see supra table 4), the source and application of funds method, as applied for 1982 in the instant case, involves. a conclusion that petitioner indeed spent in 1982 all the money for which he sought a deduction on his 1982 Schedule C, except for his claimed $6,250 depreciation deduction and his claimed $137,000 write-offs deduction. On the instant issue, respondent contends that petitioner must substantiate his claimed deductions, and contends, among other things, that the substantiation requirement means that petitioner must show he paid the amounts he seeks to deduct. We shall not allow respondent to succeed both (1) in the 1982 Schedule C income issue on the assumption that petitioner spent the money in 1982 and (2) in the 1982 deductions issues on the assumption that petitioner did not spend the money in 1982. Respondent cannot have it both ways. See, e.g., Huddleston v. Commissioner, 100 T.C. 17 (1993). Accordingly, in light of our holding on the 1982 Schedule C income issue, supra, we treat petitioner as having established that he paid in 1982 the full amount of each of the 1982 items for which he claimed a Schedule C deduction for 1982, except for the claimed depreciation and write-off items.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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