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