J.J. Zand - Page 67

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               Petitioner also claimed losses of $3,596 for 1979 and $4,140           
          for 1980 from the Franklin Green partnership.  However, there are           
          no invoices, canceled checks, or other primary records of the               
          Franklin Green partnership in evidence for 1979 and 1980.  Hence,           
          it cannot be established that Franklin Green partnership paid               
          expenses that were ordinary and necessary expenses resulting in             
          distributive partnership losses.  Therefore, petitioner is not              
          entitled to the claimed losses from Franklin Green partnership in           
          computing 1979 and 1980 taxable income.                                     
               Similarly, petitioner claimed losses from the McZand                   
          Corporation, a subchapter S corporation, of $11,997 for 1979 and            
          $39,147 for 1980.  He became the sole shareholder of McZand                 
          Corporation in 1979.  No canceled checks, invoices, or other                
          primary records of McZand Corporation for 1979 and 1980 are of              
          record for these claimed losses.  The McZand Corporation's return           
          for 1979 reported an $85,317 gain from the sale of Westgrove real           
          estate to petitioner as sole shareholder.  However, McZand                  
          Corporation did not include that amount in calculating its                  
          income.                                                                     
               In March 1980 petitioner transferred 100 percent of his                
          ownership in McZand Corporation to Caspian Florida, a subsidiary            
          of CDC.                                                                     
               Petitioner is not entitled to McZand Corporation losses of             
          $11,997 and $39,147 in computing 1979 and 1980 income.                      





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