- 12 - do not believe that we gave sufficient consideration to the possibility of a constructive dividend. Nor do we think the facts in that case or the instant cases come within the terms of the exception in Lohrke v. Commissioner, supra, to the general rule that a taxpayer may not deduct the expenses of another. We accordingly review these issues in the context of the instant cases. Our conclusion in Jack’s Maintenance Contractors, Inc. v. Commissioner, supra, relied in substantial part upon the holding in Lohrke v. Commissioner, supra, that a taxpayer may deduct the payment of the expenses of another if the motive in so doing is to protect or promote the taxpayer’s business. However, Lohrke, as well as the cases on which it relied, involved the payment by an individual of a corporation’s expenses. Where a corporation pays expenses incurred by its sole or controlling shareholder, as in the instant cases, an additional issue not considered in Lohrke is presented; namely, whether the corporation’s payment should be treated as, in substance, a distribution of earnings. Moreover, arrangements between a corporation and a controlling shareholder should be closely scrutinized. See Electric & Neon, Inc. v. Commissioner, 56 T.C. 1324, 1339 (1971), affd. without published opinion 496 F.2d 876 (5th Cir. 1974). Accordingly, we agree with the Court of Appeals that consideration should have been given to whether there was a constructive dividend in Jack’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011