- 6 - First, the tax court must “ascertain the purpose or motive which [caused] the taxpayer to pay the obligations of the other person.” To meet this prong, the expense must have been made primarily to benefit the taxpayer’s business; any benefit conferred on the party whose expenses are being paid must be only incidental. Second, the tax court “must then judge whether it is an ordinary and necessary expense of the [taxpayer’s] trade or business; that is, is it an appropriate expenditure for the furtherance or promotion of that trade or business? If so, the expense is deductible by the individual paying it.” Lohrke, 48 T.C. at 688. [Capital Video Corp. v. Commissioner, 311 F.3d 458, 464 (1st Cir. 2002), affg. T.C. Memo. 2002-40; some citations omitted.] The second part of this test requires that the expense arise in connection with the business activities of the taxpayer paying the expense. Id. at 465; see also Lettie Pate Whitehead Found., Inc. v. United States, 606 F.2d 534, 538 (5th Cir. 1979) (observing in the Lohrke line of cases “a direct nexus between the purpose of the payment and the taxpayer’s business or income producing activities”). In our original opinion, we held that petitioners failed to introduce “credible evidence”, within the meaning of section 7491(a)(1), that they were engaged in their individual capacities in a trade or business for which the tax payments would have represented ordinary and necessary expenses. Griffin v. Commissioner, T.C. Memo. 2002-6. In making this determination, we adopted the following definition of “credible evidence” as found in the legislative history of section 7491: “Credible evidence is the quality of evidence which, after critical analysis, the court would find sufficient upon which to base a decision on the issuePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011