- 14 - Petitioner’s legal expense of $3,300 pertaining to settlement of a case involving M.E. Moses stock was properly denied by respondent. As petitioner’s investments in M.E. Moses were through ROC FLP, this litigation expense arose through petitioner’s membership in the partnership and therefore is not directly related to petitioner’s individual business or income- producing activities. This expense properly belongs to the partnership. Partnerships constitute separate entities, distinct from their partners, in determining the character of income and deductibility of business expenses. Sec. 703; United States v. Basye, 410 U.S. 441, 448 (1973). A partnership must report its income and expenses on an aggregate approach, and once these amounts are ascertained, the partnership form is disregarded, and the income and expenses flow through to the individual partners. United States v. Basye, supra. Therefore, while petitioner may be able to deduct a portion of this expense through the partnership, the expense must first be aggregated with other partnership income and expenses and then distributed to the partners. To be deductible, business expenses must be the expenses of the taxpayer claiming the deduction. Hewett v. Commissioner, 47 T.C. 483, 488 (1967). Petitioner cannot convert the expense into one of his own simply by agreeing to pay for it personally. Accordingly, respondent’s determination on this issue is sustained.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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