Neonatology Associates, P.A., et al - Page 82




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            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.                                                                   





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