- 49 - that the joint venture was engaged in the trade or business of developing the Moonlight Beach property, and we find that petitioner continued that business in his individual capacity during 1986. We also find that petitioner engaged in that business in order to realize a profit from the joint venture's sale of the villas and related land to the club. Annual Dues Issue Petitioner claims to have paid annual dues of $10,500 to the beach club in 1986 with respect to the eight club memberships that he owned during the year. Petitioners assert that this expenditure, to the extent substantiated, was made to maintain the club memberships. Accordingly, petitioners argue that they are each entitled to deduct one-half of the amount paid under section 162(a) as an ordinary and necessary business expense. They do not claim to be entitled to deduct that amount under section 212. Respondent disallowed the deductions in the notices of deficiency on the ground that "there is no business purpose for this transaction". In respondent's post-trial briefs, respondent concedes that the expenditure, to the extent substantiated, would be deductible as a business expense if the Court finds that the club memberships were held byPage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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