- 18 - Corp. v. Commissioner, supra at 859. Based on the record in the instant case, we conclude that the Color Q payment meets all of the requirements of section 162(a). Because we have decided that the Color Q payment is an ordinary and necessary business expense of the S Corporation that is deductible pursuant to section 162(a), we need not consider the parties' arguments regarding the deductibility of the payment as a loss pursuant to section 165.5 We have considered the parties' remaining arguments concerning the deductibility issue and find them to be without merit. Consequently, we hold that the Color Q payment is an ordinary and necessary business expense to the S Corporation for its 1988 taxable year. Accordingly, we conclude that petitioners are entitled to a net operating loss carryforward of $58,020 for their 1990 taxable year attributable to the S Corporation's deduction of the Color Q payment for its 1988 taxable year. 5 Citing Johnson v. Commissioner, 66 T.C. 897 (1976), affd. 574 F.2d 189 (4th Cir. 1978), respondent contends, inter alia, that the S Corporation's "loss" was "compensated for by insurance" within the meaning of sec. 165. Johnson is distinguishable because we concluded in that case that the taxpayer's insurance policy on the life of his partner "was intended to compensate the * * * [taxpayer] for the loss of his investment [in the partnership], and that is precisely what it did." Johnson v. Commissioner, supra at 903. In the instant case, however, we are satisfied that the S Corporation's life insurance policies in the names of petitioner and Mr. Jeffcott were not purchased to compensate for potential embezzlement restitution payments. Consequently, we conclude that, were we to consider the loss issue, Johnson would not be dispositive of the instant case.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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