George Tsakopoulos and Drousoula Tsakopoulos - Page 26




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          preclude the development from going forward.  Id. at 220.  We               
          also note that we make this determination at the time the taxes             
          are paid or incurred, not at the time the taxpayer acquired the             
          property.  Sec. 1.263A-2(a)(3)(ii), Income Tax Regs.  Therefore,            
          it is not dispositive to our determination whether Calvine                  
          120/140 had undergone physical changes as of the time those taxes           
          were paid, that the zoning restrictions may hinder or ultimately            
          prohibit development, or that petitioner initially acquired the             
          property for investment purposes.                                           
               On the basis of the evidence, we conclude that it was                  
          petitioner’s intention and reasonably likely that Calvine 120/140           
          would be subsequently developed when the taxes were paid in 1995.           
          Therefore, we hold that the amounts paid for real estate taxes              
          for the property must be capitalized during the 1995 taxable                
          year.                                                                       
          V.   Payment to Consolidated Electrical Distributors                        
               Respondent argues that petitioner may not deduct a $7,472              
          payment to Consolidated Electrical Distributors in 1995 because             
          petitioner did not present any evidence as to the business                  
          purpose of the payment.  Although the payment was made from a               
          business account of petitioner’s, respondent points to instances            
          in which petitioner paid personal expenses from this bank                   
          account.  Petitioner counters that there could have been no other           
          purpose for the payment but for a business purpose.  We agree               
          with respondent.                                                            







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