D. Sherman and Maxine M. Cox - Page 2

                                          2                                           
          facts and holdings in T.C. Memo. 1993-326 are incorporated by               
          this reference.                                                             
               The issue in the prior case was whether petitioner D.                  
          Sherman Cox (Mr. Cox) was entitled to deduct payments made to his           
          wife petitioner Maxine M. Cox (Mrs. Cox), and on behalf of his              
          law practice, for the rental of property owned by Mr. and Mrs.              
          Cox as tenants by the entireties.  The property at issue was                
          located in St. Louis, Missouri, and purchased by petitioners in             
          November 1980.  Mr. Cox's law practice occupied and paid "rent"             
          of $18,000 to petitioners for the property during 1987.  On their           
          joint 1987 Federal income tax return, petitioners reported                  
          receipt of the $18,000 in rental income on their Schedule E.  Mr.           
          Cox reported the $18,000 in rental payments on his Schedule C for           
          his law practice as an ordinary and necessary business expense.             
               Respondent disallowed the Schedule C rental expense of                 
          $18,000 in its entirety because the payments were made for the              
          use of property to which Mr. Cox has title and in which he holds            
          an equity interest.  Respondent also deleted the corresponding              
          rental income reported by petitioners on Schedule E.  Contrary to           
          the positions argued by both petitioners and respondent, we held            
          that based on petitioners' interest in the property, as                     
          determined by Missouri law and under section 162(a), Mr. Cox was            
          entitled to deduct one-half of the payments, and, in turn, one-             
          half of the payments was reportable as rental income on the joint           
          return.                                                                     







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