- 25 - machine parts, $13,233 for fuel costs, and $11,412 for traveling expenses. Petitioner claimed that the amounts paid on behalf of Olympic were petitioner’s ordinary and necessary business deductions. Whether a corporation may deduct the expenses it pays for the benefit of another corporation turns in large part upon the relationship of the corporations. In Oxford Dev. Corp. v. Commissioner, T.C. Memo. 1964-182, the Court held that a corporation paying the expenses of another could not deduct those expenses because they were the expenses of another corporation and not its own. However, in Coulter Elecs., Inc. v. Commissioner, T.C. Memo. 1990-186, affd. 943 F.2d 1318 (11th Cir. 1991), the Court allowed a parent to deduct the expenses of a subsidiary corporation. In Austin Co. v. Commissioner, 71 T.C. 955, 967 (1979), the Court stated: “Expenses incurred for the benefit of another taxpayer are clearly not deductible under section 162, * * * but if the taxpayer pays the expense of another for its own proximate and direct benefit, a deduction may be allowable.” Petitioner claims that amounts paid on behalf of Olympic were ordinary and necessary business deductions. Respondent argues that petitioner had no equity ownership in Olympic, and the only relationship between petitioner and Olympic was that stock in both companies was owned by Bone and Guerrero.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011