- 17 - notes to the accountant for $1,000 evidenced the worthlessness of the notes, that sale did not occur until December 21, 1993, at the conclusion of K&H’s 1993 year and, hence, petitioner’s 1993 tax year. In addition, petitioner’s sale of his capital or equity interest in Snacks has not been shown to have had any particular effect on the worthlessness of the notes. Accordingly, we find that petitioner has not substantiated his claim for partial worthlessness of the notes during the years in question. Two remaining issues were addressed by the parties on brief.6 The first involved $60,143 of Snacks’ operating expenses that were paid and claimed by K&H for its taxable year ended April 27, 1991. Respondent determined in the notice of deficiency that the expenses “are not deductible because * * * [they] were incurred on behalf of * * * [Snacks] and therefore are not trade or business expenses of K&H”. On brief, respondent maintained the position that the expenses were not K&H’s trade or business expenses. Generally, one taxpayer may not deduct expenses paid on behalf of another taxpayer. See, e.g., Dietrick v. Commissioner, 881 F.2d 336, 339 (6th Cir. 1989), affg. T.C. Memo. 1988-180. We 6 To the extent that either party did not address an issue raised by the pleadings, we assume that the issue has either been agreed to by the parties or is being abandoned by the party with the burden of proof.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011