- 21 - Income Tax Regs. We conclude that petitioners have not met the requirements of section 274(d). See Nicholls, North, Buse Co. v. Commissioner, 56 T.C. 1225, 1235-1236 (1971); Kennelly v. Commissioner, 56 T.C. 936, 942 (1971), affd. 456 F.2d 1335 (2d Cir. 1972); Marlin v. Commissioner, 54 T.C. 560, 568 (1970); Thorpe v. Commissioner, T.C. Memo. 1998-115; Tesar v. Commissioner, T.C. Memo. 1997-207; Group Admin. Premium Servs., Inc. v. Commissioner, T.C. Memo. 1996-451. Thus, Cost Less may not deduct business use of the van in the years in issue. D. Deduction for Miscellaneous Expenses Ordinarily, a shareholder may not deduct a payment made on behalf of the corporation but must treat it as a loan or a capital contribution. See Deputy v. DuPont, 308 U.S. 488 (1940); Betson v. Commissioner, 802 F.2d 365, 368 (9th Cir. 1986), affg. in part, revg. in part T.C. Memo. 1984-264; Rink v. Commissioner, 51 T.C. 746, 751 (1969); see also sec. 1.263(a)-2(f), Income Tax Regs. Petitioners contend that petitioner occasionally paid for miscellaneous items such as photocopies and breakfast and lunch for Cost Less' employees and customers, and that Cost Less did not reimburse petitioner for those expenses. Petitioners contend that Cost Less may deduct $50 per week for those expenses. However, petitioners have no records to substantiate their claim that petitioner paid these amounts.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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