Charles A. and Carol M. Willits - Page 7




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          joint return, petitioner reported no income and claimed $11,250             
          in expenses.  Petitioner earned $75,813 and $78,912 from his                
          employment at NASA in 1992 and 1993, respectively.                          
               In the notice of deficiency, respondent disallowed                     
          petitioner’s claimed losses for lack of profit objective and                
          failure to substantiate.  At trial, respondent contended that the           
          expenses petitioner claimed did not properly belong to him, but             
          belonged to the corporation.  Respondent also contends that                 
          petitioner’s expenses, if not those of the corporation, were in             
          the nature of preopening expenses.                                          
               Pursuant to section 162(a), a deduction is allowed for “all            
          the ordinary and necessary expenses paid or incurred during the             
          taxable year in carrying on any trade or business”.  In order to            
          be deductible, business expenses generally must be the expenses             
          of the taxpayer claiming the deduction.  See Gantner v.                     
          Commissioner, 91 T.C. 713, 725 (1988), affd. 905 F.2d 241 (8th              
          Cir. 1990); Hewett v. Commissioner, 47 T.C. 483, 488 (1967).  For           
          Federal tax purposes, a corporation will be recognized as a                 
          separate taxable entity from its stockholders if either:  (1) The           
          formation of the corporation was based on a legitimate business             
          purpose; or (2) after formation, the corporation conducted a                
          business activity.  See Moline Properties, Inc. v. Commissioner,            
          319 U.S. 436, 438-439 (1943).  A shareholder generally is not               
          entitled to a deduction from his individual income for his                  






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