- 41 - First, respondent seems to argue that petitioner is not entitled to any deduction because it was no longer in the hospital business to which the expenses attached at the time of payment or accrual. This position is without merit. It has long been established that, if an expense relates to a trade or business, a taxpayer is still entitled to a deduction for payment in a later year even though the taxpayer is no longer engaged in that trade or business. Dowd v. Commissioner, 68 T.C. 294, 301 (1977); Burrows v. Commissioner, 38 B.T.A. 236, 238 (1938). Second, given that the FPCF payments related back to petitioner's hospital business prior to May 1983, what is the impact of the fact that, at that time, petitioner was exempt under section 501(c)(3)? Respondent argues that this exempt status precludes petitioner from claiming the deductions under section 162(a) because such deductions are precluded by section 265(1),12 which denies deductions allocable to tax-exempt income and, as provided in sections 161 and 261, has priority over section 162(a). Petitioner's argument fails to take into account 12 Sec. 265(1) (now sec. 265(a)(1)) provides: No deduction shall be allowed for-- (1) Expenses.--Any amount otherwise allowable as a deduction which is allocable to one or more classes of income other than interest (whether or not any amount of income of that class or classes is received or accrued) wholly exempt from the taxes imposed by this subtitle * * *Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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