Carl Albert and Lorraine Rouse - Page 5

                                        - 4 -                                         
               Professional fees         $154                                         
               Copying expense            449                                         
               Telephone expense          180                                         
               Car expense              2,200                                         
               House expense           24,000                                         
               Safe deposit box            15                                         
               Total                $26,998                                           
          Petitioners also argue that they are entitled to the business               
          expenses claimed on the Schedule C--car and truck expense of                
          $2,200, commission and fee expense of $10, and supply expense of            
          $450.                                                                       
               Respondent bears the burden of proof with respect to the               
          increased deficiency.  Rule 142(a)(1).  However, we decide this             
          case based on the record, without regard to the burden of proof.            
          See sec. 7491(a).                                                           
               A corporation formed for legitimate business purposes is an            
          entity separate from its shareholders, and the business of the              
          corporation is separate and distinct from the business of its               
          shareholders.  Moline Props., Inc. v. Commissioner, 319 U.S. 436,           
          438-439 (1943); Deputy v. du Pont, 308 U.S. 488, 494 (1940).                
          Consequently, a shareholder generally is not entitled to a                  
          deduction for the payment of corporate expenses.  Deputy v. du              
          Pont, supra; Hewett v. Commissioner, 47 T.C. 483 (1967).  The               
          Schedule C that petitioners filed with their return listed                  
          petitioner’s corporation, RRI, as the name of his business.  To             
          the extent that the expenses listed on the Schedule C--as well as           
          the research-related expenses claimed as itemized deductions--              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011