Horace D'Angelo - Page 27

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               Nor do we find any evidence of payment of rent by Arbor to             
          petitioner, so as to justify writing off the office expenses by             
          him personally, in his capacity as a landlord, under section 212.           
          Sec. 1.212-1(h), Income Tax Regs. (second sentence).  As                    
          enunciated by the Supreme Court, the “doctrine of corporate                 
          entity” fills a useful purpose in business life, and whether the            
          purpose be to gain an advantage under law of the State of                   
          incorporation, so long as that purpose is the equivalent of                 
          business activity, the corporation remains a separate taxable               
          entity.  Moline Props., Inc. v. Commissioner, 319 U.S. 436, 438             
          (1943).                                                                     
               Short of disregarding the corporate integrity of Arbor for             
          petitioner’s benefit, we see no basis for allowing petitioner to            
          personally expense Arbor’s office costs.  We hold that the                  
          $14,065 of office expenses may not be deducted by petitioner.               
               We have considered all arguments of the parties related to             
          our holdings set forth herein and, to the extent not discussed              
          herein, find those arguments to be irrelevant or without merit.             


                                                  Decision will be entered            
                                             under Rule 155.                          











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