- 15 - became worthless in 1997. The Court’s findings in Sundby are consistent with our finding in this case that the business activity conducted by petitioner in 1994 was conducted in his role as CEO of Navis rather than in a sole proprietorship, and our holding is not affected by petitioners’ failure to introduce evidence of an S corporation election in the prior case. In summary, the Court has received into evidence hundreds of pages of receipts and invoices offered by petitioner, who argues that each and every one represents a deductible expense. However, we conclude that many of the expenses are nondeductible personal expenses, see sec. 262(a), and that, to the extent that the receipts are for trade or business expenses, the expenses relate to the trade or business of Navis rather than petitioner, see Moline Props., Inc. v. Commissioner, supra. Petitioners are not now free to disregard the corporate entity for tax purposes after gaining a business advantage from its use, and the fact that petitioners personally paid certain expenses does not alter their characterization as corporate expenses. See id.; Deputy v. du Pont, supra; Weigman v. Commissioner, 47 T.C. 596 (1967); Rand v. Commissioner, 35 T.C. 956 (1961). Petitioners have provided no other grounds for deducting any of the remaining expenses, if any, evidenced by the receipts.3 3One invoice received in evidence as alleged substantiation for petitioner’s Schedule C expenses, labeled by petitioners as “office/conference room upholstery fabric for chairs”, listed the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011