- 52 - petitioner accrued monthly note interest in varying monthly amounts totaling $4,555. As of December 31, 1994, Koehler owed petitioner $76,705 under the August 31, 1994, demand promissory note. Koehler did not make principal payments on the $76,705 note. Petitioner has not sought repayment of the $76,705 advanced to Koehler. On its return for the taxable year ended November 30, 1996, petitioner deducted as a miscellaneous expense the $76,705 advanced to Koehler. In the notice of deficiency, respondent disallowed the deduction. Respondent determined that it had not been established that this $76,705 (1) was an ordinary and necessary business expense and (2) had been expended for the purpose stated. OPINION The factual circumstances in this case consist of a Byzantine labyrinth of complex transactions. Most of the transactions were generated to achieve a tax effect. We must decide whether these transactions should be respected. Some of the transactions we consider present less sophisticated questions such as when and by whom income should be reported or whether certain deductions should be allowed. The specific issues we consider involve: (1) Petitioner’s entitlement to more than $2.7 million of deductions from the second lease strip deal for its taxable years ended November 30, 1996 and 1997; (2) petitioner’sPage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: May 25, 2011