21 otherwise. He settled the Northeast litigation to repay Northeast's creditors (Zayre and CNI) for debts Northeast incurred in the ordinary course of its trade or business and to settle the bank's claim against him as a guarantor for Northeast. We conclude that petitioner's payment to Northeast's creditors other than his payment for the guaranty was an ordinary and necessary expense. The claims brought against petitioner for actions he took while he was an officer of Northeast and the allegations in the adversary proceeding originated in petitioner's conduct of his duties as an officer and employee of Northeast. The settlement payment reasonably and proximately related to his serving as an officer of Northeast. Petitioner's payment to settle claims other than that relating to his guaranty to the bank was a trade or business expense. Thus, petitioners may deduct under section 162 that part of the payment petitioner made in the Northeast litigation and adversary proceeding to settle the claims of Northeast's creditors other than his payment for the guaranty. O'Malley v. Commissioner, supra. A taxpayer may deduct a payment relating to his or her trade or business of being a corporate employee even though the taxpayer made the payment 3 years after the corporation stopped operating. Ostrom v. Commissioner, 77 T.C. 608, 613 (1981).Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011