Anclote Psychiatric Center, Inc. - Page 41

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                  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  * * *                                   




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