John D. Shea - Page 28




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               Respondent now concedes that some of the business profits              
          were used to support the Shea family and that in excess of                  
          $119,000 was deposited into the "household account".  Respondent            
          disallowed deductions for some expenditures from the business               
          account because he determined that these expenditures were                  
          personal expenses of the Shea family not properly deductible as             
          business expenses.  But this position supports petitioner's                 
          argument that profits were used to pay community debts.                     
          Respondent points out in arguing for disallowance of claimed                
          business deductions that Mrs. Shea directly benefited from some             
          of these expenditures.  Indeed, our findings which sustain                  
          respondent's disallowance of claimed business deductions were in            
          part based on respondent's analysis indicating that some of the             
          expenditures from that business account, which were claimed as              
          business deductions, were apparently spent for personal expenses            
          of the Shea family.  Examples of such expenditures from the                 
          business account in 1992 include the purchase of airline tickets            
          for Mrs. Shea, B. Alvarez, Margreite Alvarez, and Trudy Daly.23             
          Also, in disallowing petitioner's claimed business deductions for           
          1992, we noted the possibility that some of them might have been            


               23The Shea family took a vacation cruise on the Regal                  
          Princess from Dec. 29, 1991, to Jan. 4, 1992.  On Dec. 28, 1991,            
          petitioner stayed in Fort Lauderdale, Florida.  Mrs. Shea's                 
          airline ticket from San Jose to Fort Lauderdale purchased on Dec.           
          27, 1991, was deducted as a business expense.                               




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