Edwin A. Helwig - Page 18




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          have held that in certain limited circumstances a taxpayer may               
          deduct the expenses of another taxpayer.  See Lohrke v.                      
          Commissioner, 48 T.C. 679, 688 (1967).  For the application of               
          our holding in Lohrke, we must first ascertain K&H’s motive for              
          paying Snacks’ operating expenses and then determine whether it              
          was in furtherance or promotion of K&H’s trade or business.  See             
          id.                                                                          
               Our consideration of whether the advances here were debt or             
          equity and business or nonbusiness debts covered the question of             
          whether the advances were to promote K&H or whether they were                
          investment in Snacks.  That is the same inquiry that is called               
          for under the above-stated Lohrke standard.  Because K&H’s                   
          relationship with Snacks was to secure additional business and               
          profits for K&H, it follows that K&H’s payment of Snacks’                    
          operating expenses in this limited setting would be deductible by            
          K&H.  Accordingly, petitioner, through K&H, is entitled to the               
          $60,143 deduction for his 1991 taxable year.                                 
               The final item addressed by the parties’ briefs concerns                
          respondent’s disallowance of interest paid by K&H on indebtedness            
          incurred to purchase a yacht.  The amounts disallowed for                    
          petitioner’s 1990 through 1993 taxable years are $20,659,                    
          $20,280, $17,515, and $11,950, respectively.                                 









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