- 21 - Cabana Boy to be an S corporation, those intentions would be irrelevant because what matters is what petitioners did. See Don E. Williams Co. v. Commissioner, 429 U.S. 569, 579-580 (1977); Commissioner v. National Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 148-149 (1974). Citing Arrowsmith v. Commissioner, 344 U.S. 6 (1952), petitioners contend that they may disregard Cabana Boy’s subchapter C status because they were Cabana Boy's alter ego. We disagree. In Arrowsmith v. Commissioner, supra, two taxpayers liquidated their corporation and reported a capital gain. See id. at 7. Later, the taxpayers paid a judgment against the corporation, and deducted the judgment as an ordinary business expense on their personal income tax returns. The U.S. Supreme Court held that the judgment was a capital expense. See id. at 9. Arrowsmith does not establish that Cabana Boy should not be treated as a C corporation. Cabana Boy had a business purpose and assets, did business, entered into contracts, and had officers. It was a subchapter C corporation, separate from petitioners, and petitioners treated it as such. We conclude that petitioners may not disregard Cabana Boy’s subchapter C status. C. Whether Petitioners May Deduct the Advances Under Section 212 Petitioners contend that they may deduct the advances under section 212. We disagree. A taxpayer may deduct ordinary andPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011