- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011