- 14 - Dallas apartment of approximately $1,000 a month from September 1993 until April 1994. 2. Section 162(a)(3) In pertinent part, section 162(a)(3) provides: There shall be allowed as a deduction [in computing taxable income] all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including-– * * * * * * * (3) rentals or other payments required to be made as a condition to the continued use or possession, for purposes of the trade or business, of property to which the taxpayer has not taken or is not taking title or in which he has no equity. 3. Arguments of The Parties Petitioner argues: “The rental of minimum office space at a reasonable cost in a major revenue producing location is clearly an ordinary and necessary expense.” Respondent argues: [T]he evidence shows that * * * [petitioner’s] payment of Norman Duquette’s condominium fees for the Texas home was merely the payment of the Duquette’s personal living expenses. * * * [petitioner’s] payment of such condominium fees is a constructive dividend to Norman Duquette. It was not an ordinary and necessary business expense for * * * [petitioner] to pay the condominium fees for the Duquette’s home. Therefore, the expense must be disallowed. 4. Discussion In Greenspon v. Commissioner, 23 T.C. 138 (1954), we dealt with a corporation taking deductions for expenditures on the home of its dominant stockholder and chief executive officer. WePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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