Christopher A. Boyko and Roberta A. Boyko - Page 18

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          and shipper.  Both of these cases represent exceptions to the               
          general rule that payments made by a shareholder on behalf of a             
          corporation are capital contributions by the shareholder, and not           
          deductible expenses.  Deputy v. du Pont, supra.                             
               Petitioner fails to qualify for the exception discussed in             
          Jenkins and Lutz for two reasons.  First, unlike Jenkins and                
          Lutz, petitioner's obligation to make these payments arose                  
          primarily because of his desire to protect his investment in                
          TIC/Multilogic, not to protect his business reputation as an                
          attorney.  In addition, petitioner has presented no evidence that           
          his business reputation as an attorney would have been adversely            
          affected by his failure to hire Mr. Miller to investigate the               
          computer program, or by his failure to obtain releases from the             
          various leases.  Accordingly, petitioner is not entitled to                 
          deduct these payments as a section 162 expense.                             
               In conclusion, petitioner is not entitled to claim as an               
          ordinary loss the advances lost in the business venture with Mr.            
          Kelley and TIC/Multilogic.                                                  
          V.  Section 6662--Imposition of Accuracy-Related Penalty                    
               Respondent determined that petitioner's underpayment of tax            
          was due to negligence or disregard of rules or regulations under            
          section 6662.  Section 6662(a) and (b)(1) imposes an accuracy-              
          related penalty equal to 20 percent of the portion of the                   
          underpayment that is attributable to negligence or disregard of             
          rules or regulations.                                                       



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