Richard G. Tuck - Page 9

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          time for the purchase and transfer of the manufactured home to be           
          compensation.                                                               
               At trial, petitioner asserted that Ms. Brownell “signed off            
          her right to sue” him in section 16 of the permanent stipulation.           
          He argues that this provision is evidence that there was an                 
          agreement that Ms. Brownell would accept the manufactured home in           
          exchange for any past claim for compensation for her services.              
          We find nothing in this provision to support petitioner’s                   
          argument.  This provision was one of numerous provisions in the             
          permanent stipulation covering issues ranging from paternity and            
          custody of the children to the property interests of petitioner             
          and Ms. Brownell.  There is no indication that this provision was           
          in any way connected with the provision granting Ms. Brownell the           
          right to the manufactured home, nor is there any indication that            
          it was intended in any manner to waive a claim by Ms. Brownell to           
          sue for compensation for past services.                                     
               We conclude that petitioner purchased the manufactured home            
          in order to fulfill the terms of the permanent stipulation he               
          entered into with Ms. Brownell, and that the purchase was a                 
          personal expense incurred in connection with his relationship               
          with Ms. Brownell, as well as petitioner’s own children.                    
          Consequently, the purchase is a nondeductible expense pursuant to           
          section 262(a) and not an ordinary and necessary business                   
          expense.                                                                    






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