Robert Griffin and Julia Griffin - Page 4

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          two partnerships (Orange Tree Commerce Center Partnerships and              
          Solano Commercial Investors) which owned certain commercial real            
          properties in Vacaville, California.                                        
               During 1995 and 1996, Mr. Griffin personally paid delinquent           
          real property taxes that had accrued with respect to the                    
          partnerships’ Vacaville real properties.  These payments (the tax           
          payments) totaled $426,566 in 1995 and $501,742 in 1996.  On                
          Schedules E, Supplemental Income and Loss, attached to                      
          petitioners’ 1995 and 1996 joint Federal income tax returns,                
          petitioners claimed the tax payments as deductible expenses.                
          Petitioners also attached Schedules C, Profit or Loss From                  
          Business, to their 1995 and 1996 joint returns reporting income             
          and loss from certain “construction” activities.                            
               In the notice of deficiency, respondent disallowed                     
          petitioners’ claimed deductions for the tax payments and instead            
          treated the tax payments as petitioners’ capital contributions to           
          Griffin California and as deductible expenses of the                        
          partnerships, resulting in a flowthrough of 60 percent of the               
          deductions to Griffin California.                                           
                                     Discussion                                       
               Section 162(a) allows a deduction for all ordinary and                 
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business.  An expenditure is “ordinary             
          and necessary” if it is directly connected with, or proximately             






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