- 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