John Awadallah and Susan Malaty - Page 9




                                        - 8 -                                         
                    THE WITNESS:  Got you.  A very good point at hand.                
               Actually, when my accountant was showing me the                        
               figures, I was quite astonished with that.  The only                   
               reasoning behind the legal and professional fees as you                
               specified is at the time I basically -- my parents had                 
               financial trouble as far as money was concerned and                    
               with the building that I was in, et cetera.                            
                    So unfortunately, I wound up paying her quite a                   
               bit more than I would anyone else to try to -- so that                 
               I can try to resolve their issues. * * *                               
               Regarding the rental property, petitioner indicated that he            
          rented the apartment to assist his family.  Petitioner testified            
          that he “enjoyed helping the students and at the same time not              
          only was I helping the students but I was helping my parents. * *           
          * It was just something I was out to do to help students and help           
          my family.”                                                                 
               As to the earned income credit, the money paid by petitioner           
          to his mother accounted for over 95 percent of his parents’ gross           
          income.  Ms. Awadallah’s salary allowed her and Mr. Awadallah to            
          claim the earned income tax credit under section 32, resulting in           
          a refund of $761 for 1996.   Mr. Antonious also prepared Mr. and            
          Ms. Awadallah’s joint income tax return, and his testimony                  
          indicates that he planned the transactions so they could claim              
          the credit under section 32.                                                
               Petitioner generated losses in both 1995 and 1996 which                
          reduced his gross income and effectively lowered his tax                    
          liability.  We conclude that the expenses here at issue, if                 








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