- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011