- 6 - 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’ maritalPage: Previous 1 2 3 4 5 6 7 8 Next
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