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Tax Treatment for Private Jet Expenses

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Submitted By charith7rathne
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Pages 5
TAX TREATMENT OF PRIVATE JET EXPENSES

Facts:
Alex Jones owns a small software company, Find Donuts, Inc in Michigan. A patent on a smartphone application named Find Donuts which is designed to locate donuts shops, is the only asset of Find Donuts, Inc. With the intention of promoting the sales of the Find Donuts smartphone app and increasing company revenue, Alex Jones attended a computer conference in June 2010, in San Francisco.

Alex also owns a Christmas tree farm in Oregon. Primary purpose of this farm being profit but not leisure, it qualifies as a business to be reported in Schedule C of Alex’s federal income tax return. In December 2010, Alex paid a visit to this farm to oversee the sales of trees.

In July 2010, Alex flew to Honolulu, Hawaii to supervise the construction of two additional bedrooms to a house he owns there. He leases this house to a couple, and they operate the house as bed and breakfast (B&B). Those two newly constructed bedrooms were an addition to their B&B.

For the above trips he made to San Francisco, Oregon and Hawaii in 2010, Alex used his Lear jet that he purchased in 2000 for 1 million. Each trip cost him $ 100,000.

Issues:
Does the operational cost for Alex Jones’ jet for the above three trips qualify to be deducted as a necessary or ordinary business expense incurred in conducting a trade or business under IRC Sec. 162?

Conclusions:
Alex Jones’s expense of $300,000 made in using his Lear jet to travel to three destinations in the 2010 tax year may not qualify to be deducted as a necessary and ordinary business expense. Further evidence may be required to determine the necessity and ordinance in each case.

Legal Support:
IRC Sec. 162
Treas. Reg. 1.162-2(a)
Com. v. Lincoln Electric Co., (1949, CA6) 38 AFTR 411, 176 F2d 815.
Kurzet v. Comm., 86 AFTR, 2d 5655.
IRC Sec. 183
IRC Sec. 212
John J.

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