Clifford L. Brody and Barbara J. Declerk - Page 15

                                       - 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

Last modified: May 25, 2011