- 3 - 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 telephonePage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011