- 82 - hence, that they were not ordinary and necessary expenses paid to carry on Marlton’s business. See sec. 1.162-10(a), Income Tax Regs.; see also Joel A. Schneider, M.D., S.C. v. Commissioner, supra; Moser v. Commissioner, supra. In contrast with Neonatology’s contributions to purchase insurance on the life of Mr. Mall, which we have just held were a constructive distribution to Dr. Mall, the contributions which Marlton made on behalf of Dr. Lo are not a constructive distribution to him because Marlton is not a corporation. As to Ms. Lo, she was a Marlton employee. Under section 264(a)(1), however, a taxpayer may not deduct life insurance premiums to the extent that the taxpayer is “directly or indirectly a beneficiary” of the underlying policy.34 Sec. 264(a)(1). Respondent argues that section 264(a)(1) applies to disallow Marlton’s deduction of the contributions that it made to pay the premiums on Ms. Lo’s term life insurance policy because, 34 Sec. 264(a)(1) provides: SEC. 264. CERTAIN AMOUNTS PAID IN CONNECTION WITH INSURANCE CONTRACTS. (a) General Rule.--No deduction shall be allowed for–- (1) Premiums paid on any life insurance policy covering the life of any officer or employee, or of any person financially interested in any trade or business carried on by the taxpayer, when the taxpayer is directly or indirectly a beneficiary under such policy.Page: Previous 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Next
Last modified: May 25, 2011