- 18 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011