Ronald D. Ciaravella - Page 25

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          effect amounts to a disallowance of the Innovative Schedules C              
          net losses of $4,137 for 1992 and $9,906 for 1993.                          
               We regard Mr. Ciaravella's racing activity not as his trade            
          or business, carried on by him through a sole proprietorship, but           
          as an activity carried on by him on behalf of Dolphin, for which            
          Dolphin reimbursed him.  This is much the same as the case of a             
          corporate officer who voluntarily pays the expenses of an                   
          activity conducted for the benefit of his corporate employer.               
          The gross receipts of Mr. Ciaravella, in the name of Innovative,            
          are akin to reimbursements from his corporate employer for race             
          car expenses that he paid out of his own pocket.  The net losses            
          claimed on the Schedules C that we have disallowed are akin to              
          payments made by Mr. Ciaravella for racing activities on behalf             
          of Dolphin for which Dolphin did not reimburse him.  Voluntary              
          payments by a corporate officer for activities conducted on                 
          behalf of his corporate employer, for which he is not reimbursed,           
          are not deductible by the officer, in the absence of an agreement           
          or clear understanding as to a corporate policy that the employee           
          is expected to make such payments, without reimbursement, as part           
          of the conditions of his employment.  See, e.g., Westerman v.               
          Commissioner, 55 T.C. 478 (1970); Stone v. Commissioner, T.C.               
          Memo. 1996-507.  There is no evidence of any such agreement or              
          understanding in the case at hand.                                          
          4. Accuracy-Related Penalty                                                 





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