Victor M. Bello - Page 15




                                       - 15 -                                         
          were real property taxes imposed on the Flamingo Beaches lots.              
          In addition, the record includes a number of 1993 real property             
          tax bills or statements that the Municipality of Salvador had               
          issued with respect to the Flamingo Beaches lots.  Finally, with            
          respect to the wages of $48,880 claimed for 1992, petitioner                
          testified that he paid this amount to satisfy the wage and other            
          compensation-related claims of his former hotel employees.                  
          Indeed, a report prepared by Ms. Oliveira lists 10 lawsuits that            
          had been brought by these former employees.                                 
               We are also satisfied that the wage payments were not                  
          capital expenditures.  The wage claims had arisen in connection             
          with petitioner’s normal operation of his hotel and not in                  
          connection with his acquisition or disposition of a capital                 
          asset.  See BHA Enters., Inc. v. Commissioner, supra at 601.  We            
          also reject respondent’s suggestion that the settlement payments            
          constitute capital expenditures because petitioner, in these                
          disputes, was defending his title to the hotel property.  While             
          any judgments these former employees obtained might have caused a           
          lien to attach to the hotel property, these settlement costs need           
          not be capitalized where the hotel business was the source of the           
          litigation.  See id. at 600-601.                                            
               Accordingly, we hold that petitioner is entitled to deduct             
          under section 162:  (1) For 1992, security services of $12,000,             
          wages of $48,880, and tax expenses of $18,000; (2) for 1993,                







Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011