James D. Horn - Page 17

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          Appeals officer’s determination, the taxpayer may appeal the                
          determination to the Tax Court.  Sec. 6330(d)(1).                           
               Petitioner has asked us to prevent respondent from                     
          proceeding to collect the assessments by levy because respondent            
          failed to allow petitioner alleged deductions, even though                  
          petitioner (1) never claimed the deductions in a tax return,4 and           
          (2) apparently agreed, in the Forms 4549-CG that he signed, that            
          respondent could disallow the deductions and assess the resulting           
          deficiencies without allowing petitioner an opportunity to                  
          dispute the assessments in this Court.                                      
               Notwithstanding his failure to claim the deductions in a               
          return for any year before the Court and his explicit waivers of            
          the right to challenge respondent’s determinations for the years            
          1990 through 1993, petitioner has sought to challenge the                   

               4As best we can discern against the background of                      
          respondent’s disallowances of losses petitioner claimed on his              
          1992 and 1993 returns that respondent determined had been                   
          incurred by Horn Enterprises, petitioner now wishes to claim                
          losses for some year or years from worthlessness of his stock and           
          debt interests in Horn Construction and Horn Enterprises.                   
          Insofar as petitioner wishes to claim deductions for “Expenses              
          paid by the taxpayer for the taxpayer’s corporation Horn                    
          Construction [that] were never allowed”, petitioner’s payments of           
          such expenses would be disallowed as deductions and treated as              
          capital contributions or loans that he only could recover as                
          worthless stock or debt losses, see, e.g., Betson v.                        
          Commissioner, 802 F.2d 365, 368-371 (9th Cir. 1986), affg. on               
          this issue T.C. Memo. 1984-264; Gantner v. Commissioner, 91 T.C.            
          713, 725 (1988), unless he showed he had paid such expenses to              
          protect his own trade or business, see, e.g., Gould v.                      
          Commissioner, 64 T.C. 132, 134-135 (1975); Jenkins v.                       
          Commissioner, T.C. Memo. 1983-667.                                          

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