- 7 - 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 hisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011