Eddie Cordes, Inc., et al. - Page 34




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          connection with repossessing vehicles that secured the 1994 and             
          1995 notes.  Respondent determined that CFC improperly deducted             
          the costs under section 162 because CFC did not incur or pay the            
          costs in connection with its trade or business.  Petitioners                
          contend that CFC owned the notes and that CFC paid and properly             
          deducted the costs in connection with its trade or business.                
               Section 162(a) provides for a deduction from income of all             
          ordinary and necessary expenses paid or incurred during the                 
          taxable year in carrying on a trade or business.  Section 1.162-            
          1(a), Income Tax Regs., provides that the expenses deductible               
          from income include those pertaining to the taxpayer’s trade or             
          business.  In the instant cases, we have held Mr. Cordes, not               
          CFC, owned the notes associated with these costs.  It follows               
          that CFC did not incur or pay these costs in connection with its            
          own trade or business, but in connection with an activity carried           
          on by Mr. Cordes.  Petitioners have cited no authority allowing             
          one party (CFC) a deduction for costs paid in connection with               
          another party’s (Mr. Cordes’s) trade or business, or other                  
          activity.  We hold, therefore, CFC may not deduct those costs               
          under section 162.22                                                        


               22Petitioner contends that if CFC may not deduct the costs,            
          then we must allow Mr. Cordes to deduct them.  This issue was not           
          formally raised by either party, but both parties have addressed            
          it, and we treat it as tried by consent.                                    
               Because Mr. Cordes is a cash method taxpayer, he can deduct            
          the costs in the year in which he pays them.  Sec. 461(a); United           
          States v. Hughes Props., Inc., 476 U.S. 593, 599 (1986).  Because           
          Mr. Cordes did not pay the costs in 1994 or 1995, he may not                
          deduct the costs in those taxable years.                                    




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