- 34 - 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.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011