Samuel S. and Laura M. Pinkney - Page 7

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          Petitioners, however, offered no testimony or other evidence to             
          demonstrate that the $888.75 was a deductible legal expense or              
          otherwise constituted an ordinary and necessary business expense.           
          Accordingly, petitioners are not entitled to a deduction for this           
          amount.                                                                     
               With respect to the purported payments to Roderick,                    
          compensation is deductible as a trade or business expense only if           
          it is (1) reasonable in amount, (2) based on services actually              
          rendered, and (3) paid or incurred.  See O’Connor v.                        
          Commissioner, T.C. Memo. 1986-444; sec. 1.162-7(a), Income Tax              
          Regs.  When the compensation is paid to a family member, the                
          Court carefully scrutinizes the transaction.  Denman v.                     
          Commissioner, 48 T.C. 439, 450 (1967); Hamdi v. Commissioner,               
          T.C. Memo. 1993-38, affd. without published opinion 23 F.3d 407             
          (6th Cir. 1994).  In deciding whether payments to a family member           
          are deductible, we examine all the facts and circumstances.                 
          Eller v. Commissioner, 77 T.C. 934, 962 (1981).  Facts that                 
          militate against the deductibility of such payments include                 
          failing to maintain adequate records of the family member’s                 
          hours, duties, and earnings, and failing to file appropriate                
          information returns.  See Haeder v. Commissioner, T.C. Memo.                
          2001-7; Martens v. Commissioner, T.C. Memo. 1990-42, affd.                  
          without published opinion 934 F.2d 319 (4th Cir. 1991); O’Connor            
          v. Commissioner, supra.                                                     






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