- 6 - expenses that are “appropriate and helpful” to a taxpayer’s trade or business. Welch v. Helvering, 290 U.S. 111, 113 (1933); Boser v. Commissioner, 77 T.C. 1124, 1132 (1981), affd. without published opinion (9th Cir., Dec. 22, 1983). We agree with petitioners that the general management services provided to the real estate business were ordinary and necessary to that business. We also agree that Mr. Stewart incorporated R.M. Stewart, Inc., for legitimate business reasons and that it was a separate taxable entity. See Moline Props., Inc. v. Commissioner, 319 U.S. 436, 438-439 (1943). However, we disagree that the payments to R.M. Stewart, Inc., were expenses paid for management services performed by that entity or its employees. As a general matter, the income and expenses of a sole proprietorship are the income and expenses of the individual who owns the business. See sec. 61(a)(2); LeBouef v. Commissioner, T.C. Memo. 2001-261. The sole proprietorship, unlike the corporation, was not a separate taxable entity from Mr. Stewart, and any payments from that business that were paid for services Mr. Stewart performed in his individual capacity are not deductible. Thus, it is essential that the corporation in the first instance, and not Mr. Stewart, be viewed as the party providing the general management services. Mr. Stewart was the individual who actually performed the general management services for his sole proprietorship duringPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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