- 4 - The lease was canceled, and Drywall was released from liability under the lease in return for the payment of $9,996.60 (the lease cancellation fee). The lease cancellation fee was paid by cashier's check made payable to Marchant. The cashier's check was purchased by Mr. Finley, either in his individual capacity or as an officer of a corporation that he controlled. Mr. Finley delivered the check to petitioner, who in turn delivered it to Marchant. Drywall was dissolved on August 31, 1995. Drywall did not issue stock, conduct an organizational meeting, adopt bylaws, or file a Federal income tax return. The balance in Drywall's checking account (petitioner's initial $100 deposit) was withdrawn by petitioner, and the account was closed. Petitioner's 1995 Federal income tax return was timely filed. On a Schedule C included with that return petitioner reported various items attributable to her self-employment as an independent sales representative. Relevant for our purposes, on that Schedule C she claimed a $26,918 deduction for rent on business property. Of this amount, $15,997 was disallowed in the notice of deficiency because petitioner "did not establish that the * * * expense * * * was paid or incurred during the taxable year and that the expense was ordinary and necessary to * * * [her] business". Other adjustments made in the notice of deficiency have been resolved by the parties.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011