Friday, February 6, 2015

S Corporation's Claimed Business Deductions Disallowed

Small Business Accounting - The Tax Court in Powell, TC Memo 2014-235 , held that the married taxpayers were not entitled to deduct business expenses for an activity that did not qualify as a trade or business. Also, they were not entitled to deductions for bad debts, vehicle expenses, country club membership fees, and miscellaneous expenses. Further, the court increased their net capital gain and stated that a portion of their Social Security benefits may be includable in their gross income.

The husband was the sole owner of an S corporation engaged in petroleum acquisition and sale, merger consulting, and valuation. In 2004, he purchased 79 acres of property in North Carolina on which he built a warehouse to store hops for distribution to local craft breweries. In 2008 and 2009, he spent approximately 10 to 15 hours per week on this activity. He began to plant seeds to grow hops, but growth was stalled by the weather. Also, he called local breweries to gauge their interest in purchasing hops. The taxpayers sold 1.19 acres to a discount store at a reduced price so that the store could pay the cost of constructing roads. They paid for a survey on the property before the sale.

The taxpayers filed joint returns for 2008 and 2009 and claimed a business loss on Schedules E, Supplemental Income and Loss relating to the husband's S corporation. They also attached Schedules C for the activity conducted in North Carolina. The S corporation filed Forms 1120S on which it claimed business losses and deductions. The IRS disallowed various deductions claimed by the taxpayers and the S Corporation.

The court determined that the taxpayers were not entitled to a Section 162 deduction for the North Carolina activities. The taxpayers argued that they operated a business, but they failed to prove that business operations began in 2008 or 2009. They did not show that they were successfully harvesting or growing hops during this time, and the only income they received was from the sale of land to the discount store. Therefore, the activities were not functioning as going concern.

The taxpayers also failed to show that they conducted the North Carolina activities with sufficient continuity and regularity when the husband worked full-time for and received income from the S corporation. The North Carolina activities were not a trade or business. However, the court further concluded that the taxpayers were entitled to deduct some of the expenses as personal expenses related to an investment activity.

The court also found that the IRS properly disallowed various deductions claimed by the S corporation, and as a result, disallowed the corresponding pass-through business losses that the taxpayers claimed on their returns. Although the husband testified that the S corporation took on high-risk business and was not paid for work performed, its bad debt deduction was properly denied. The S corporation did not include the fees for services that remained unpaid in its income because it used the cash method of accounting.

The court determined that the IRS correctly disallowed deductions claimed by the S corporation for vehicle expenses because it did not provide an account book, log, or other evidence sufficient to substantiate the expenses under Section 274(d). Also, the court upheld the IRS's disallowance of claimed deductions for the taxpayers' country club membership under Section 274(a)(3). In addition, the S corporation did not adequately substantiate miscellaneous expenses. However, the court found that the S corporation was entitled to deduct health insurance benefits it paid on the husband's behalf.

The court also held that the taxpayers' net capital gain should be reduced by the cost of the survey performed on the property sold to the discount store. Also, if, after Rule 155 computations, the taxpayers' modified adjusted gross income plus half of the Social Security benefits they received during the tax years at issue exceeds $32,000, a portion of such benefits will be includable in their gross income under Section 86.

If you'd like to discuss with me how these complex rules apply to your business, to make sure that none of your workers are misclassified, please call to set up an appointment to discuss this or any other aspect of your taxes. If you found this Tax Tip helpful, please share it through your social media platforms.

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