- 8 - Petitioners have neither alleged that section 7491(a) applies nor established their compliance with the requirements of section 7491(a)(2)(A) and (B) to substantiate items, maintain all required records, and cooperate fully with respondent’s reasonable requests. I. Expenditures on Behalf of ITG Section 162(a) allows a deduction for all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including a taxpayer’s trade or business as an employee. See Primuth v. Commissioner, 54 T.C. 374, 377-378 (1970). As a general rule, a taxpayer’s payment of another person’s obligation is not an ordinary and necessary business expense. Deputy v. du Pont, 308 U.S. 488 (1940). For Federal income tax purposes, a corporation’s business is separate from the business of its shareholders, officers, and employees. See Leamy v. Commissioner, 85 T.C. 798 (1985) (shareholders, officers and employees may not deduct as personal expenses those expenses that further the business of the corporation). Because a corporation’s business is distinct from that of its shareholders, officers, and employees, such persons may not deduct expenses which promote the business of the corporation. Leamy v. Commissioner, supra; Kahn v. Commissioner, 26 T.C. 273 (1956); Das v. Commissioner, T.C. Memo. 1998-353. Payments byPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011