J.J. Zand - Page 30

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          CDC was also a 70 percent partner in Green Prairie Partnership,             
          whose principal asset was a farm in Alabama; and CDC was a 50-              
          percent partner in Franklin Green Partnership whose principal               
          assets were buildings on the Bowling Green Farm (another farm               
          partnership).  Petitioner and Clem Meier each held a 25-percent             
          partnership interest in the Franklin Green Partnership.                     
               Petitioner claimed a CDC management fee expense on his 1977            
          Federal income tax return in the amount of $96,396.  There is no            
          evidence showing either how this amount was determined or what              
          services CDC rendered to petitioner for this fee.  Furthermore,             
          Mr. Dutton, petitioner's 1977 return preparer, could not confirm            
          that a disbursement on June 22, 1977, in the amount of $100,000             
          to CDC was for a management fee or for any other specific                   
          services.  Therefore, the claimed management fee deduction of               
          $96,396 neither is an ordinary and necessary business expense of            
          petitioner nor was paid.                                                    
               The CDC management fee expense claimed for the year 1978 in            
          the amount of $72,609 consists of wages, payroll taxes on wages,            
          a management fee equal to 10 percent of the wage expense, and               
          rent, less a rent credit.  There is nothing in the record to show           
          that the purpose of the wage expense percentage was a management            
          fee.  Furthermore, instead of reporting the rent credit (the rent           
          expense of CDC to petitioner) on his 1978 Federal income tax                







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