- 25 - 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 PenaltyPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011