John Awadallah and Susan Malaty - Page 8




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          not qualify as trade or business expenses.  Further, the amounts            
          for repairs and maintenance do not qualify as trade or business             
          expenses, as petitioner incurred the expenses to improve his                
          father’s property.                                                          
               Transactions among family members that result in the                   
          distribution of income within a family unit “are subject to the             
          closest scrutiny.”  Van Zandt v. Commissioner, 40 T.C. 824, 830             
          (1963), affd. 341 F.2d 440 (5th Cir. 1965); Coombs v.                       
          Commissioner, T.C. Memo. 1984-366.  A transaction that is entered           
          into solely for the purpose of tax reduction and that has no                
          economic or commercial objective to support it is a sham and                
          without effect for Federal income tax purposes.  See Rice’s                 
          Toyota World, Inc. v. Commissioner, 81 T.C. 184 (1983), affd. in            
          part and revd. in part 752 F.2d 89 (4th Cir. 1985).                         
               Petitioner lacked a business purpose in making payments to             
          his parents.  Rather, the three principal purposes in this                  
          financial arrangement were to assist his parents financially,               
          permit his parents to claim the earned income credit, and reduce            
          his own tax burden.                                                         
               Petitioner’s testimony indicates that a primary reason for             
          hiring his mother was to assist his parents:                                
                    THE COURT:  So either the gross receipts are                      
               underreported or the expenses are overreported.  That’s                
               the reasonable man conclusion, and you’ve got some                     
               burden here to show what it is, why I should accept                    
               those numbers.                                                         






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