Richard G. Tuck - Page 7

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          manufactured home he purchased for Ms. Brownell and his two                 
          children.  Petitioner’s sole argument in his brief is that the              
          cost of the home represents compensation for past services                  
          rendered by Ms. Brownell in connection with petitioner’s                    
          business.                                                                   
               Personal, living, and family expenses generally are not                
          deductible.  Sec. 262(a).  Expenses which are ordinary and                  
          necessary in carrying on a trade or business, on the other hand,            
          are generally deductible.  Sec. 162(a).  Compensation for                   
          services may be deductible as an ordinary and necessary business            
          expense, but only if payment is made with the intent to                     
          compensate.  Paula Constr. Co. v. Commissioner, 58 T.C. 1055,               
          1058 (1972), affd. without published opinion 474 F.2d 1345 (5th             
          Cir. 1973).  The existence of such an intent is a factual                   
          question to be decided on the basis of the particular facts and             
          circumstances of the case.  Id. at 1059.                                    
               Petitioner’s argument concerning his intent in purchasing              
          and transferring the manufactured home is not persuasive.  In               
          reaching this conclusion, we find the permanent stipulation--               
          which was entered into just before the manufactured home was                
          purchased and given to Ms. Brownell--to be more reliable as                 
          evidence of petitioner’s intent than petitioner’s testimony at              









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