- 48 - We find Mr. Wechsler’s testimony self-serving and unconvincing.10 We note that petitioner offered no other evidence (e.g., testimony from Gilbert, petitioner’s other employees, or potential investors) that Gilbert performed any services for petitioner. We infer that petitioner’s failure to offer such evidence means such evidence would have been unfavorable to petitioner’s case. See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). This factor supports petitioner with respect to the compensation paid to Mr. Wechsler and respondent with respect to the compensation paid to Mrs. Wechsler and Gilbert. 10 Mr. Wechsler acknowledged that petitioner’s 1992 and 1993 payments to Gilbert were, in unspecified part, for Gilbert’s agreeing to the estate tax installment payment elections made by their father’s and mother’s estates. Mr. Wechsler explained that Gilbert (as either cofiduciary or cobeneficiary of their parents’ respective estates and the trusts established by their father) greatly helped petitioner and Mr. Wechsler by agreeing to elect to pay the estate taxes owed by the two estates on the installment basis. He said that the installment tax payment elections allowed petitioner to keep more of its capital to use in its business, because petitioner then did not have to redeem immediately substantially more preferred shares in order to pay the estate taxes owed. Gilbert’s actions as a cofiduciary of the estates in making the elections, however, do not constitute work performed for petitioner. Petitioner does not argue that its payments to Gilbert for his agreeing to the installment payment elections are otherwise deductible under sec. 162 as ordinary and necessary business expenses (other than compensation) directly connected with or proximately resulting from petitioner’s business. See secs. 161, 162(k), 261, 263; Kornhauser v. United States, 276 U.S. 145, 153 (1928).Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
Last modified: May 25, 2011