Clarke D. and Joanne S. Bittner - Page 7




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          home and were not deductible as payments for business expenses              
          paid or incurred while away from home.                                      
               Moreover, 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 which 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).                         
               We find that petitioners’ supposed rental agreement was                
          solely motivated by tax concerns and not by any commercial or               
          financial objectives.  Mr. Bittner alleges that he paid rent to             
          his wife by giving her promissory notes and that he paid such               
          notes when he deposited revenue from his acting career into                 
          petitioners’ joint checking account.  Petitioners do not assert             
          that Mr. Bittner’s supposed business use of the apartment                   
          prevented Mrs. Bittner from using or enjoying the apartment.                
          Instead, petitioners concede that Mrs. Bittner occupied the                 
          apartment when she was employed at the hospital.  Contrary to               
          petitioners’ assertions, these circumstances merely demonstrate             
          that Mr. Bittner contributed to maintaining petitioners’ marital            






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