Robert M. and Nancy I. Stewart - Page 6




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          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 during              






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