Investment Research Associates - Page 386




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               Unlike the taxpayer in Pepper v. Commissioner, supra, Kanter            
          did not actively solicit financing for his friend Feigan, nor did            
          he or his law firm receive fees for services rendered in the                 
          transaction.  He merely served as an intermediary to introduce               
          Feigan to another friend, Rappaport.  There was no written                   
          contract between Feigan and Kanter for the sharing of profits.               
               Accordingly, respondent's determination with respect to this            
          issue is sustained.  We hold that Kanter is not entitled to the              
          claimed business loss deduction.  We also hold that, because                 
          Kanter received no fees and no contract existed therefor, the                
          expenditure did not bear a reasonable and proximate relationship             
          to the production of income.  Thus, it is not deductible under               
          section 212.                                                                 
          Issue 20.  Whether the Kanters Are Entitled To Deduct a Claimed              
          Charitable Contribution of $15,000 to the Jewish United Fund in              
          1982                                                                         
                                   FINDINGS OF FACT                                    
               On their income tax return for 1982, the Kanters listed                 
          $25,182 in charitable contributions, which they were unable to               
          deduct on Schedule A as itemized deductions for the reason that              
          the return showed negative gross income of $287,536.  The                    
          limitation provisions of section 170(b) precluded any deduction              
          for charitable contributions.  In the notice of deficiency for               
          1982, the various adjustments by respondent resulted in the                  
          Kanter's having adjusted gross income for 1982 in such amount                






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