- 17 - 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011