Robert Griffin and Julia Griffin - Page 12




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          my good name, my goodwill.”  There is no evidence to indicate,              
          however, to what extent petitioner’s failure to make the tax                
          payments would have resulted in any damage to his reputation or             
          creditworthiness.  Petitioners have introduced no credible                  
          evidence to show that petitioner made the tax payments to protect           
          the reputation of any business operation conducted in                       
          petitioners’ individual capacities.  On the basis of petitioner’s           
          testimony, we are unable to conclude that the tax payments would            
          have represented ordinary expenses to advance any business                  
          carried on in petitioners’ individual capacities, as opposed to             
          capital outlays to establish or purchase goodwill or business               
          standing, see Welch v. Helvering, 290 U.S. 111 (1933); Koree v.             
          Commissioner, 40 T.C. 961, 965-966 (1963), or contributions to              
          the capital of Griffin California (consistent with respondent’s             
          characterization in the notice of deficiency), see Gantner v.               
          Commissioner, 905 F.2d at 244.                                              
               Petitioners have failed to introduce credible evidence that            
          they were engaged, in their individual capacities, in a trade or            
          business for which the tax payments would have represented                  
          ordinary and necessary expenses.  Consequently, we sustain                  
          respondent’s determination.                                                 
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             for respondent.                          






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