Family Office Structure: Lender Decision

In December of 2017, the U.S. Tax Court decided in the Lender Management, LLC v. Commissioner case that deductions that were part of a taxpayer’s trade or business were deductible under Section 162; however, deductions under Section 212 were suspended through tax year 2025. Following the suspension of the 2-percent miscellaneous itemized deductions, family offices should consider whether entity restructuring will enable them to deduct expenses under Section 162, rather than under Section 212.