- 14 - $266,083. In contrast, his salary was $17,708 in 1997, the year in which petitioners secured the loan, and his salary was $132,082 in 1998. Moreover, petitioner Brody was not required to provide a guaranty on the loan as a condition of his employment with KOA. See Rev. Rul. 71-561, 1971-2 C.B. 128. Because petitioners repaid the loan in their role as debtors and not as guarantors, or because there is no evidence that any claim by petitioners against KOA would be worthless, United States v. Generes, supra, is distinguishable, and petitioners’ dominant motivation is irrelevant. We sustain respondent’s determination on this issue. Schedule C Deductions Petitioners claimed the following expenses on petitioner Brody’s Schedule C: (1) $4,367 for repairs and maintenance; (2) $33,911 for “Office Space & Expenses paying for kidsOA [sic] Employees”; and (3) $5,016 for “Interest on funds borrowed to pay KidsOA bills”. All of these expenses relate to KOA. As indicated earlier, the only evidence of funds borrowed in the present case is the loan by Franklin National Bank to petitioners and KOA. A taxpayer who pays expenses of a corporation in which he is the principal shareholder may deduct such payments if they were made to protect or promote the taxpayer’s own trade or business. Lohrke v. Commissioner, 48 T.C. 679, 684-685 (1967); Dietrick v.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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