Richard Lewis Field - Page 11

                                       - 10 -                                         
          to the status or existence of such demonstration stock                      
          portfolios.                                                                 
               When the fees and the items charged to the credit cards are            
          analyzed as a whole, it appears that the credit cards were used             
          primarily for personal reasons, and the fees are proximately                
          related to the personal use.  The fees shown in the credit card             
          statements can be roughly categorized as annual fees, cash                  
          advance finance charges, general finance charges, late fees,                
          over-the-limit fees, check transaction fees, and Internet                   
          connection charges.  Some of the statements included charges for            
          personal items.  When questioned at trial, petitioner admitted              
          that charges from merchants such as “drugstore.com”, “Kroger”,              
          and “York Photo Labs” were personal.  Therefore, the commissions            
          and fees deductions are disallowed under section 262.                       
               In sum, the Court sustains respondent’s determination, to              
          the extent not conceded by him, that petitioner is not entitled             
          to the deductions for traveling expenses, meals and entertainment           
          expenses, and other expenses claimed on Schedule C.                         
          B.   Charitable Contributions                                               
               Section 170(a) allows as a deduction a charitable                      
          contribution, payment of which is made within the taxable year.             
          A charitable contribution includes a contribution or gift to or             
          for the use of a corporation, trust, community chest, fund, or              
          foundation organized and operated exclusively for religious,                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011