Quantum Company Trust - Page 18




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          In a letter dated May 9, 1996, the Nortons requested reimbursement          
          for the following expenses from the controlled savings account:             
               Vendor              Description                     Amount             
          GeoCHEM, Inc.            Pit liner                     $1,987.50            
          Weld-Air                 Angle iron and welding rod    359.00               
          Brad Zweifel Co.         Soil removal                  414.00               
          Knapp Enterprises        Soil removal                   414.00              
               Total                                             3,174.50             
          The requested amount was released to the Nortons.  They paid off            
          the NBA loan in 1999.  At the time the loan was satisfied, the              
          controlled savings account had a balance of $6,000 to $8,000; this          
          amount was released to the Nortons.                                         
               Upon the advice of Mrs. Crockett, the Nortons offset their             
          1993 Schedule E income with a $15,000 deduction for environmental           
          cleanup expenses.  Respondent disallowed the claimed deduction.             
               Before a taxpayer is allowed a current deduction, a claimed            
          expense must be paid or incurred.  The Nortons are cash method              
          taxpayers, and under such method expenses are deductible or                 
          capitalized only after such expenses have been actually paid.  See          
          sec. 1.461-1(a)(1), Income Tax Regs.                                        
               The Nortons did not incur or pay any environmental cleanup             
          expenses in 1993.2  Rather, they merely made a deposit into a               
          controlled savings account.  (The purpose of the controlled account         



               2    Because the Nortons did not make any expenditures for             
          environmental cleanup costs in 1993, the question of whether such           
          costs would be currently deductible is moot.                                





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