- 4 - 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 proximatelyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011