Sharon Purcell DiLeonardo - Page 12




                                       - 12 -                                         
               No part of the Payments constitutes a capital expenditure.             
          No part of the Payments is allocable to a class of income wholly            
          exempt from income taxes.  No part of the Payments is interest on           
          indebtedness incurred or continued to purchase or carry                     
          obligations the interest on which is wholly exempt from income              
          taxes.                                                                      
               Petitioner’s obligation to make the Payments arose from the            
          Trustee’s filing of the Third Account.  The Payments were                   
          incurred in entirety for, and are proximately related to, the               
          production or collection of income, or for the management,                  
          conservation, or maintenance of property held for the production            
          of income.                                                                  
                                       OPINION                                        
               Petitioner contends that the Payments are deductible under             
          section 212 as expenses arising from an attempt to produce income           
          or to preserve, maintain, and conserve property held for the                
          production of income.                                                       
               Respondent contends that the Payments are not deductible               
          under section 212 because they were not ordinary and necessary              
          –-in particular, respondent states that the Payments were not               
          made “with the purpose and reasonable expectation that income               
          would flow directly therefrom to” petitioner (sec. 212(1)), and             
          that petitioner’s “immediate purpose” for making the Payments was           
          not “the management, conservation, or maintenance of property               
          held for the production of income”, sec. 212(2).  In addition,              




Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011