- 15 - customer. Because the corporation was unable to pay, the taxpayer guaranteed, and ultimately paid, the customer’s losses because he was concerned that otherwise his reputation in the industry, and that of his patented process, would be damaged. We held that an exception existed to the general rule that a taxpayer may not deduct the expenses of another. The cases relied on in Lohrke likewise involved the taxpayers’ payment of the obligations of others in financial difficulty. See, e.g., Lutz v. Commissioner, 282 F.2d 614 (5th Cir. 1960), revg. and remanding T.C. Memo. 1959-32; Pepper v. Commissioner, 36 T.C. 886 (1961); Snow v. Commissioner, 31 T.C. 585 (1958); Dinardo v. Commissioner, 22 T.C. 430 (1954). Thus, under the Lohrke line of cases, the adverse consequences for the payor taxpayer’s business must be direct and proximate, as is demonstrated in these cases by the impact on a payor’s business of an obligor’s inability to meet his obligations. See also AMW Invs., Inc. v. Commissioner, T.C. Memo. 1996-235 (adverse effect on payor’s business must be “clear, direct, and proximate”); Concord Instruments Corp. v. Commissioner, T.C. Memo. 1994-248 (same). The “primary benefit” test for a constructive dividend and the standards under which a taxpayer may deduct the expenses of another both indicate that the showing a corporation must make to deduct the expenses of its shareholder is a strong one. To avoid constructive dividend treatment, the taxpayer must show that thePage: 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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