- 6 - costs, and the clients were obligated to repay the advances only in the event of a favorable settlement or judgment. Accordingly, if nothing was recovered, the client would have no obligation. In Canelo, prospective clients were screened and were accepted only if there were good prospects for recovery. In holding that the advanced costs constituted loans and not deductible expenses, the Court emphasized that “If expenditures are made with the expectation of reimbursement, it follows that they are in the nature of loans, notwithstanding the absence of formal indebtedness.” Id. at 225. In this case, we note that the repayment of the advances was in no way contingent upon the outcome of the underlying litigation. P&G expected to be and was repaid for all costs advanced to CSAA’s policyholders. “It has been firmly established that where a taxpayer makes expenditures under an agreement that he will be reimbursed therefor, such expenditures are in the nature of loans or advancements and are not deductible as business expenses.” Patchen v. Commissioner, 27 T.C. 592, 600 (1956), affd. in part and revd. in part on other grounds 258 F.2d 544 (5th Cir. 1958). Petitioner relies on Boccardo v. Commissioner, 56 F.3d 1016 (9th Cir. 1995), revg. T.C. Memo. 1993-224, in support of the contention that its advances on behalf of clients were ordinary and necessary expenses of the law practice. That case isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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