- 21 - Commissioner, supra; Gantner v. Commissioner, 91 T.C. 713, 725 (1988); Lohrke v. Commissioner, 48 T.C. 679, 684 (1967).9 The facts of this case indicate that petitioners made the corporate employment tax payments out of their own pockets in their capacities as stockholders of their corporations. They did so with the purpose of keeping their corporations in business without incurring Federal tax penalties. There is no evidence in the record that petitioners promoted their own separate businesses when they paid their corporations’ employment taxes. Petitioners do not qualify for any of the exceptions to the general rule that payments by stockholders of the obligations of their corporations are not ordinary and necessary expenses of the stockholders as required by section 162(a). Finally, a payment by a taxpayer of interest on another’s obligation generally is not deductible by the taxpayer. Williams v. Commissioner, 3 T.C. 200, 202 (1944); Automatic Sprinkler Co. of Am. v. Commissioner, 27 B.T.A. 160, 161 (1932). Therefore, 9Petitioners may deduct a payment they made on behalf of a corporation if it is an ordinary and necessary expense of a trade or business they own. Betson v. Commissioner, 802 F.2d 365 (9th Cir. 1963), affg. T.C. Memo. 1984-264; Gould v. Commissioner, 64 T.C. 132, 134-135 (1975); Lohrke v. Commissioner, 48 T.C. 679, 688-689 (1967). If the expenditure is appropriate to protect or promote that trade or business, the expense may be deductible by the individual paying it. Gould v. Commissioner, supra; Lohrke v. Commissioner, supra. However, a taxpayer may not deduct payments made with the purpose of keeping in business a corporation in which the taxpayer holds an ownership interest. Betson v. Commissioner, supra; Lohrke v. Commissioner, supra.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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