Char-Lil Corporation - Page 32

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             (25/40) "searching for property to buy and customers to                  
             which to sell his property."  Petitioner also argues that                
             its expenses for miscellaneous, supplies, utilities and                  
             telephone, legal and accounting, and franchise and income                
             taxes should be allocated to petitioner's rental activity                
             in the same ratio as petitioner's rental income bears to                 
             total income; i.e., 33.04 percent in 1992 and 32.04 percent              
             in 1993.  Petitioner computes those percentages as follows:              
                                                                                     
                              1992         Percent   1993      Percent                
               Rental income  $58,997.34   33.04   $54,054.00  32.04                  
               Interest income119,573.90   66.96   114,634.44  67.96                  
               Total income   178,571.24   100.00  168,688.44  100.00                 

                  Respondent rejects petitioner's assertion that 62.5                 
             percent of Mr. McKelvey's salary, the payroll tax                        
             attributable thereto, and the expense for the automobile                 
             furnished to Mr. McKelvey should be treated as nonpassive                
             expenses that can offset portfolio income.  Respondent                   
             argues that neither collecting monthly note payments nor                 
             looking for additional properties to purchase justifies                  
             petitioner's allocation.  As to the former, respondent                   
             points to Mr. McKelvey's testimony that he spends only 1                 
             day per month collecting note payments from his buyers.  As              
             to the latter, respondent points out that petitioner did                 
             not purchase or sell any real property during 1992 and 1993              
             and argues that the estimate of the amount of time spent by              




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