- 118 - 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 taxPage: Previous 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 Next
Last modified: May 25, 2011