- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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