J.J. Zand - Page 152

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          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 Caspian                 







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