- 229 - service provided, or the business purpose of the one-time charge of $6,262.30. Thus, since petitioner has not established the business purpose for this expense or that it is an ordinary rather than a capital expense, no deduction is allowed. For the year 1978, petitioner deducted $9,000 for condominium rent paid to his son-in-law, Joseph Dinunzio. The rent was prepaid in 1978 for the year 1979, and was based on the estimated fair rental value of the condominium plus the cost of furnishing it. Mr. Dinunzio acquired the condominium in the fall of 1978 from the Riviera Condominium Company of Naples, financing the purchase with a 100-percent mortgage from Dollar Savings of Ohio. Petitioner was a shareholder in the Riviera Condominium Company of Naples. The amount paid to Mr. Dinunzio for the use of this condominium does not constitute an ordinary and necessary business expense of petitioner. Rather, the evidence shows that petitioner was merely continuing to help his daughter and her new husband get established. Petitioner had already provided his son-in-law with employment immediately after Mr. Dinunzio graduated from college. Furthermore, shortly thereafter, Mr. Dinunzio's duties were expanded to include the vice presidency at no less than four business entities controlled by petitioner; i.e., CDC, Caspian Machinery, Caspian Electric, and CaspianPage: Previous 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 Next
Last modified: May 25, 2011