J.J. Zand - Page 36

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          for 1977, and to Coudert Freres in the amount of $22,500 in 1977            
          are not deductible because they were not ordinary and necessary             
          business expenses of petitioner.                                            
               The professional fee claimed by petitioner in the amount of            
          $9,312.49 in 1976 paid to Larry Castoe was not his ordinary and             
          necessary business expense.                                                 
               During 1976 petitioner paid $19,799.12 to J. Foley, an                 
          architect.  This amount is includes $4,779.12 paid with respect             
          to a housing project for General Dynamics and $15,000 paid with             
          respect to the purchase and construction of the building on                 
          Riverside Drive that housed CTC's operations.  For the years at             
          issue petitioner reported no income from General Dynamics or a              
          housing project.  These professional fees were not ordinary and             
          necessary business expenses of petitioner.  Instead, they were              
          capital expenditures.                                                       
               In 1977 petitioner paid the accounting firm of Price                   
          Waterhouse & Company the amount of $2,425.20 for Price                      
          Waterhouse's annual fees as resident agent for WHIP, a Bahamian             
          corporation.  He deducted this amount on his 1977 return.  This             
          payment was an ordinary and necessary business expense of                   
          petitioner because WHIP was merely a shell corporation.                     
               In 1978 petitioner issued two checks in the total amount of            
          $5,000 to Sandra Rossi and Celia Longenbaker.  These payments               
          were recorded in CTC's journal as payment for Mr. Shamloo, an               





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