Ralph J. and Mary H. Muegge - Page 10




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                  Petitioners reported $91,250 of the $182,500 as income and                           
            do not contend that they may deduct any of their expenses of                               
            caring for Mr. Stern during the 5 years that he lived with them.                           
            Instead, petitioners contend in the petition that $91,250 is a                             
            reimbursement of the expenses that they paid while caring for Mr.                          
            Stern (reimbursement contention).  We agree with petitioners.                              
                  The parties stipulated that Mr. Stern promised to pay                                
            petitioners for their expenditures on his behalf, and that                                 
            petitioners expected repayment.3  Expenditures made with the                               
            expectation of reimbursement are in the nature of loans or                                 
            advances, even without formal indebtedness.  See Burnett v.                                
            Commissioner, 356 F.2d 755, 759 (5th Cir. 1966) (attorney’s                                
            payments of his client’s expenses were virtually certain to be                             
            repaid, thus not deductible as business expenses), affg. and                               
            remanding 42 T.C. 9 (1964); Universal Oil Prods. Co. v. Campbell,                          
            181 F.2d 451, 474 (7th Cir. 1950); Glendinning, McLeish & Co. v.                           
            Commissioner, 61 F.2d 950, 952 (2d Cir. 1932), affg. 24 B.T.A.                             
            518 (1931); Herrick v. Commissioner, 63 T.C. 562, 566 (1975)                               
            (advances made with expectation of reimbursement even though                               
            there was no explicit promise or agreement to that effect);                                
            Canelo v. Commissioner, 53 T.C. 217, 224-225 (1969), affd. per                             
            curiam 447 F.2d 484 (9th Cir. 1971); Patchen v. Commissioner, 27                           


                  3  These stipulations are consistent with the findings of                            
            fact in the proceedings of both the Marion Superior Court,                                 
            Probate Division, and the Indiana District Court.                                          





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