1981 U.S. Tax Ct. LEXIS 158">*158
In 1975, petitioner, an engineer, paid $ 2,000 to Educational Scientific Publishers (ESP) for certain undescribed materials and services dealing with establishment of family trusts. In 1976, using the materials purchased from ESP, petitioner formally created a family trust to which he transferred the family residence, some jewelry, and the rights to his services and the income therefrom. Also in 1975, petitioner paid $ 51 to a coworker as his one-half share of the cost of certain tax books that they purchased jointly. Petitioner used those tax books to prepare his 1975 tax return.
76 T.C. 447">*448 Respondent determined a deficiency of $ 501 in petitioners' Federal income taxes for the year 1975. The issues for decision are:
(1) Whether $ 2,000 paid in 1975 for materials dealing with establishment of a family trust is deductible by petitioners under
(2) Whether $ 51 paid in 1975 for tax materials is deductible by petitioners under
FINDINGS OF FACT
Some of the facts have been stipulated. The stipulation of facts and the exhibits attached thereto are incorporated1981 U.S. Tax Ct. LEXIS 158">*161 by this reference.
Petitioners Louis P. Contini and Diane E. Contini resided in St. Clair Shores, Mich., at the time they filed their petition in this case. They timely filed a joint Federal income tax return for 1975. Petitioner Diane E. Contini is a party to this proceeding solely because she filed a joint return with her husband, and the term "petitioner" will hereinafter refer to Louis P. Contini.
During all relevant times herein, petitioner was employed as an engineer. Throughout 1975, he worked for Giffels Associates, Inc., in Detroit, Mich., and his wife was a homemaker. Aside from petitioner's $ 20,622.33 salary from Giffels, the only other 76 T.C. 447">*449 income reported on their 1975 joint return was $ 7.80 of interest income. Their only property holdings during 1975 were some jewelry and their family home.
On October 6, 1975, petitioner paid the sum of $ 2,000 to obtain certain undescribed written materials and services from Educational Scientific Publishers (hereinafter ESP). At ESP's insistence, this transaction was conducted through an entity, entitled the "Louis P. Contini Educational Trust," established by petitioner as grantor-creator and two ESP representatives, 1981 U.S. Tax Ct. LEXIS 158">*162 William L. Comer and Patricia J. Tweedy, as acceptors-trustees. Accordingly, petitioner made his check for ESP materials payable to the "Louis P. Contini Educational Trust," and he executed a document entitled "Declaration of Trust of this Express Equity Pure Trust."
The declaration, dated October 7, 1975, provided, in part, as follows:
The Grantor hereby constitutes and appoints the above designated Trustees to be in fact Trustees of the Trust hereby created and established. The Grantor for and in consideration of the objects and purposes herein set forth does hereby endow, grant, give and deliver the cash sum of
Trustee's Declaration of Purpose of This Express Equity Pure Trust
which is to PARTICIPATE IN EDUCATIONAL SCIENTIFIC PUBLISHERS (A TRUST's) EDUCATIONAL EFFORT WHOSE PURPOSE IS TO PROPAGATE THE DEVELOPMENT OF THE EDUCATIONAL PROCESSES WHEREVER LEARNING OCCURS.
The Trustees of This Trust by their resolution of purpose may perform and function on behalf of any individual, group or combination of individuals, severally or collectively.
This Trust is authorized to provide Itself with funds by ITS Trustees from endowments accruing to IT for ITS participation in Educational Scientific Publishers (A Trust's) "copyrighted" Educational Program, "the exclusive licensee of the National Pure Trust Service Mark, reg. no. 608, 111, United States Patent Office."
76 T.C. 447">*450 This -- Form 1, A Trust's "Educational Endowment is accepted upon the conditions of The Notice of Disclaimer that must be executed (4 copies) by the parties hereto who individually and collectively acknowledge said conditions to be an Addendum that attaches hereto and by reference1981 U.S. Tax Ct. LEXIS 158">*164 becomes a part hereof."
This document was a printed form with certain blank spaces that were filled in. The only purpose of the "Louis P. Contini Educational Trust" was to order the program or packet of materials. The record does not show what written materials or services petitioner was entitled to receive for his $ 2,000 payment. Other than the $ 2,000 check, no property or money was ever transferred to the "Louis P. Contini Educational Trust."
In November or December of 1975, petitioner received from ESP an instructional text and some forms for rearranging property and forming family trusts. He received some additional materials from ESP subsequent to 1975, possibly including memoranda on tax laws and pamphlets on family estate planning, business planning, accounting techniques, and preparation of tax returns. ESP issued some pamphlets at seminars that it periodically conducted for purchasers of ESP materials. Petitioner attended at least one such seminar sometime after 1975. The purchase price may have entitled petitioner to legal representation in administration, property distribution, and tax matters involving family trusts. However, there is no evidence in the record1981 U.S. Tax Ct. LEXIS 158">*165 as to ESP's terms for providing such representation or as to the extent to which petitioner received such assistance. In fact, other than the family trust documents and information, the Court cannot determine what petitioner received for his $ 2,000 payment.
During 1976, petitioner, using the materials he had purchased from ESP, formally created a family trust, entitled the "Louis P. Contini Family Estate (A Trust)." Petitioner apparently transferred to that trust the family home, some jewelry, and rights to his services and the income therefrom.
During 1977, petitioner supplemented his employment as an engineer by establishing a professional corporation for the practice of engineering. In addition, sometime after 1975, petitioner purchased a house for rental purposes. There is no evidence, however, showing (1) the relationship, if any, of the professional corporation and the rental property to ESP materials or to the "Louis P. Contini Family Estate (A Trust)," or (2) 76 T.C. 447">*451 the amount or timing of any income that these activities may have generated.
On December 8, 1975, Mr. Contini paid to L. E. Fritts, a friend and coworker at Giffels, $ 51 as his one-half share of the cost1981 U.S. Tax Ct. LEXIS 158">*166 of certain tax books that they purchased jointly. These books were published by one of the major publishing houses and not by ESP. The books consisted of an "Executive Tax Desk Manual" and a "Federal Tax Course" dealing with tax laws and how to file tax returns and were used by petitioners to prepare their 1975 tax return.
On their 1975 joint Federal income tax return, petitioners claimed a deduction for the $ 2,051 under miscellaneous deductions with the following explanation: Educational cost + materials . . . costs to maintain & conserve assets and/or minimize taxes (
OPINION
The first issue for decision is whether the sum of $ 2,000 paid in 1975 for materials dealing with establishment of a family trust is deductible by petitioners under section 162 or
(g) Fees for services of investment counsel, custodial fees, clerical help, office rent, and similar expenses paid or incurred by a taxpayer
Thus, a proprietary or possessory interest in an income-producing asset is a prerequisite to the deductibility of related expenditures under
At the time petitioner purchased the ESP materials in 1975, the only assets that he held were some jewelry and his family home. He testified that he wanted to keep the jewelry within his family to provide an income-producing asset for his children in the future, that he held his personal residence so that it would produce income on its ultimate sale, and that he purchased the trust materials to further these purposes. However, petitioner's intention to put the jewelry in trust for the future benefit of his children and to hold his home in trust for ultimate resale are purely personal purposes.
1981 U.S. Tax Ct. LEXIS 158">*170 As for petitioners' family home,
(h)
Expenses in connection with the family home are clearly not deductible. The fact that petitioners purchased a second house for rental purposes sometime after 1975 does not alter our conclusion that they purchased the trust materials for purely personal reasons. Furthermore, petitioners introduced no evidence showing whether the rental house was in any way related to the trust materials or was ever transferred to the "Louis P. Contini Family Estate (A Trust)." Accordingly, we hold1981 U.S. Tax Ct. LEXIS 158">*171 that the $ 2,000 paid for the ESP materials is not deductible under either
A deduction under
Petitioners argue that since the purchase price of the ESP materials entitled them to receive certain tax materials and legal representation in tax matters, the cost of those materials should be deductible under
We also reject petitioners' argument that the $ 2,000 is deductible as an educational expense under section 162 and
Petitioners used the trust materials herein to create in 1976 a trust funded with family jewelry, the family home, and petitioner-husband's services and salary. Their motivations in creating that trust were, as the record shows, purely personal, and the amount paid for the ESP materials is not deductible. 3 The Court does not question petitioners' evident sincerity and good faith in seeking to deduct the payment1981 U.S. Tax Ct. LEXIS 158">*173 they made to ESP. It might be well at this point to repeat what the Court had to say last year in a similar case: 4
It is unfortunate for petitioners -- indeed an injustice to all citizens who assume their fair share of the tax burdens -- to have persons or corporations 76 T.C. 447">*455 promoting tax avoidance gimmicks of any kind which lack legal or economic substance. Perhaps more serious consideration should be given to enforcement action to prevent trafficking in such schemes.
With respect to the $ 51 paid1981 U.S. Tax Ct. LEXIS 158">*174 to L. E. Fritts, however, we reach a different result. Petitioner testified (1) that he paid this amount to his coworker as his one-half share of the cost of certain tax books that they purchased jointly, (2) that the books were published by a major publishing house and not by ESP, and (3) that he used the books to prepare his 1975 tax return. Petitioner submitted the $ 51 check that he paid to Fritts into evidence, and that check bears the notations "Executive Tax Desk Manual" and "Federal Tax Course." We conclude that the expense was paid in connection with the determination of taxes and the preparation of the 1975 tax return and is thus deductible under
To reflect the foregoing,
1. Unless otherwise indicated, all section references are to the Internal Revenue Code of 1954 as amended and in effect during the taxable year here involved.↩
2. Petitioners' reliance on our decisions in
3. See
4. See Judge Dawson's note 4 in
