- 19 - legal status of petitioners’ corporations and petitioners cannot be disregarded simply because petitioners own 100 percent of the stock of their corporations. The corporate employment tax funds were owned by petitioners’ corporations at the time of the alleged embezzlement. Petitioners’ corporations did not transfer ownership of the funds to SWAS. Rather, the funds were transferred to SWAS for administrative convenience so that SWAS could deposit the funds with the IRS. Accordingly, the corporate employment tax funds belonged to petitioners’ corporations, not petitioners or SWAS. Petitioners never acquired such ownership of the corporate employment tax funds as would entitle them to a theft loss deduction for the alleged embezzlement. Any theft loss deduction can be claimed properly only by petitioners’ corporations. By a parity of reasoning, petitioners are not entitled to a deduction under section 162(a) for the corporate employment taxes and interest thereon they paid the IRS out of their own pockets. Business expenses deductible from gross income include the ordinary and necessary expenditures directly connected with or pertaining to the taxpayer’s trade or business. Sec. 1.162-1(a), Income Tax Regs. The employees’ shares of the corporate 8(...continued) I.R.B. 831. Petitioners, who are husband and wife, owned SWAS as community property under the laws of Texas. Petitioners’ classification of SWAS as a sole proprietorship or disregarded entity is consistent with Rev. Proc. 2002-69, supra.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011