Lenward C. Hood and Barbara P. Hood - Page 15




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          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 the            






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