- 15 - marital home and divisions of various marital property. However, the language of the Settlement Agreement belies petitioner’s position; Barbara waives her rights to alimony in exchange for the “pension payment and benefits as herein set forth” and in context these “benefits” refer to the health insurance and automobile fringe benefits that are outlined immediately before. To the extent the payments relieved Walter of his obligation to pay alimony, they are nondeductible by petitioner. A corporation’s payment of its shareholder’s personal expense or obligation is not deductible by the corporation. See Greenspon v. Commissioner, 229 F.2d 947 (8th Cir. 1956), affg. in part and revg. in part 23 T.C. 138 (1954); Enoch v. Commissioner, 57 T.C. 781 (1972); American Properties, Inc. v. Commissioner, 28 T.C. 1100 (1957), affd. per curiam 262 F.2d 150 (9th Cir. 1958). This Court has found in circumstances similar to the present ones that payments made by a closely held corporation to the former spouse of a controlling shareholder and claimed as deductible compensation or other business expense were disguised alimony or part of a property settlement and therefore nondeductible personal expenditures of the shareholder. See J.B.S. Enters., Inc. v. Commissioner, T.C. Memo. 1991-254; Greenwood v. Commissioner, T.C. Memo. 1989-368; Frankland Racing Equip., Inc. v. Commissioner, T.C. Memo. 1987-210. These cases concerned situations where the shareholder’s spouse had at no time renderedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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