- 5 - OPINION The rent deduction claimed on petitioner's return is attributable to the lease and takes into account: (1) The security deposit; (2) rent for the first month; and (3) the lease cancellation fee. The balance of the deduction ($6,000) has not been identified. The controversy between the parties focuses on whether petitioner is entitled to include the lease cancellation fee in the rent deduction. Although the lease cancellation fee was paid with a cashier's check purchased by Mr. Finley, petitioner considers that the payment was made by her. According to petitioner, she, in effect, borrowed the funds from Mr. Finley and repaid him over a period of time. Petitioner contends that the deduction is allowable under section 162,1 which, in general, allows a taxpayer to deduct "all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business." Respondent argues that petitioner is not entitled to a deduction for the lease cancellation fee because the fee was not paid by her. According to respondent, the fee was paid by Mr. Finley as the guarantor on the lease. Respondent further argues that the fee, even if paid by petitioner, was an expense of 1Section references are to the Internal Revenue Code of 1986, as amended and in effect for the year 1995. Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011