Ronnie O. and G. June Craft - Page 14

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               Petitioner’s legal expense of $3,300 pertaining to                     
         settlement of a case involving M.E. Moses stock was properly                 
         denied by respondent.  As petitioner’s investments in M.E. Moses             
         were through ROC FLP, this litigation expense arose through                  
         petitioner’s membership in the partnership and therefore is not              
         directly related to petitioner’s individual business or income-              
         producing activities.  This expense properly belongs to the                  
         partnership.  Partnerships constitute separate entities, distinct            
         from their partners, in determining the character of income and              
         deductibility of business expenses.  Sec. 703; United States v.              
         Basye, 410 U.S. 441, 448 (1973).  A partnership must report its              
         income and expenses on an aggregate approach, and once these                 
         amounts are ascertained, the partnership form is disregarded, and            
         the income and expenses flow through to the individual partners.             
         United States v. Basye, supra.                                               
               Therefore, while petitioner may be able to deduct a portion            
         of this expense through the partnership, the expense must first              
         be aggregated with other partnership income and expenses and then            
         distributed to the partners.  To be deductible, business expenses            
         must be the expenses of the taxpayer claiming the deduction.                 
         Hewett v. Commissioner, 47 T.C. 483, 488 (1967).  Petitioner                 
         cannot convert the expense into one of his own simply by agreeing            
         to pay for it personally.  Accordingly, respondent’s                         
         determination on this issue is sustained.                                    






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