Herbert C. Elliot - Page 13

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          Petitioner claims that this payment is deductible as a business             
          bad debt mainly because EPC's articles of incorporation provided            
          that it would indemnify him for this payment and EPC failed to do           
          so.  We disagree.  Petitioner is not entitled to deduct any                 
          portion of this amount.  Even if we were to assume that EPC was             
          required to indemnify petitioner for this payment, an assumption            
          which we do not find as a fact, petitioner would be unable to               
          deduct this amount because he paid it in settlement of amounts              
          assessed against him under section 6672.  Amounts paid for                  
          section 6672 assessments are nondeductible.  See sec. 162(f);               
          sec 1.162-21(b), Income Tax Regs; see also Arrigoni v.                      
          Commissioner, 73 T.C. 792 (1980); Patton v. Commissioner, 71 T.C.           
          389 (1978); Smith v. Commissioner, 34 T.C. 1100 (1960), affd. per           
          curiam 294 F.2d 957 (5th Cir. 1961); Duncan v. Commissioner,                
          T.C. Memo. 1993-370, affd. 68 F.3d 315 (9th Cir. 1995).                     
               Petitioner argues that the law is different because he had a           
          right of indemnification from EPC.  We disagree.  As the Court              
          stated in Arrigoni v. Commissioner, supra at 801 n.9, in                    
          rejecting a similar claim:                                                  
               even if a right to reimbursement exists, petitioners                   
               would still fail on their claim.  Sec. 162(f) makes the                
               addition to tax imposed by sec. 6672 nondeductible.                    
               Patton v. Commissioner, 71 T.C. 389 (1978).  Since the                 
               addition to tax imposed by sec. 6672 is personal to the                
               taxpayer, petitioners cannot invoke sec. 166 to                        
               circumvent the prohibition of a deduction under sec.                   
               162(f).  Cf. Smith v. Commissioner, 34 T.C. 1100                       
               (1960), affd. per curiam 294 F.2d 957 (5th Cir. 1961).                 
               The deductibility of the payments must be treated in a                 
               manner consistent with the proper treatment of the                     




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