- 13 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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