Moti G. Bijlani - Page 4

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               On Schedule A, Itemized Deductions, attached to his Form               
          1040NR, petitioner claimed “Other Miscellaneous Deductions”,                
          pertaining to his co-op, in the amount of $9,336 (rounded).  On             
          his Schedule A, petitioner listed the breakdown of these                    
          deductions as real estate taxes of $1,920.16, mortgage interest             
          of $215.77, and “incurred expenses of $7,200 including                      
          companionship” totaling $9,335.93.  Respondent denied                       
          petitioner’s claimed deductions in full.                                    
               Section 873(a) provides, in relevant part, that “In the case           
          of a nonresident alien individual, the deductions shall be                  
          allowed only for purposes of section 871(b) * * * if * * * they             
          are connected with income which is effectively connected with the           
          conduct of a trade or business within the United States”.                   
          Respondent in the notice of deficiency determined that                      
          petitioner’s rental income was effectively connected with the               
          conduct of a business within the United States.                             
               The claimed Schedule A deductions pertain to petitioner’s              
          co-op.  Petitioner admitted that he resided in his co-op while he           
          was in the United States during 1999.  Petitioner claimed that he           
          managed his rental property from his co-op.  Petitioner paid                
          $401.50 per month to the co-op for mortgage and maintenance fees            
          for a total of $4,818.  Petitioner admitted at trial that the               
          $2,382 difference between the $7,200 claimed deduction and the              
          $4,818 in co-op mortgage and maintenance fees was for telephone             






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