Norman E. Duquette, Inc. - Page 14




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          Dallas apartment of approximately $1,000 a month from September             
          1993 until April 1994.                                                      
                    2.  Section 162(a)(3)                                             
               In pertinent part, section 162(a)(3) provides:                         
                    There shall be allowed as a deduction [in                         
               computing taxable income] all the ordinary and                         
               necessary expenses paid or incurred during the taxable                 
               year in carrying on any trade or business, including-–                 
                    *    *    *         *  *      *    *                              
                    (3) rentals or other payments required to be                      
                    made as a condition to the continued use or                       
                    possession, for purposes of the trade or business,                
                    of property to which the taxpayer has not taken or                
                    is not taking title or in which he has no equity.                 
                    3.  Arguments of The Parties                                      
               Petitioner argues:  “The rental of minimum office space at a           
          reasonable cost in a major revenue producing location is clearly            
          an ordinary and necessary expense.”                                         
               Respondent argues:                                                     
               [T]he evidence shows that * * * [petitioner’s] payment                 
               of Norman Duquette’s condominium fees for the Texas                    
               home was merely the payment of the Duquette’s personal                 
               living expenses.  * * * [petitioner’s] payment of such                 
               condominium fees is a constructive dividend to Norman                  
               Duquette.  It was not an ordinary and necessary                        
               business expense for * * * [petitioner] to pay the                     
               condominium fees for the Duquette’s home.  Therefore,                  
               the expense must be disallowed.                                        
                    4.  Discussion                                                    
               In Greenspon v. Commissioner, 23 T.C. 138 (1954), we dealt             
          with a corporation taking deductions for expenditures on the home           
          of its dominant stockholder and chief executive officer.  We                





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