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Mr. Cutts conducted personal business activities and
maintained related records in his ATV office, which is on the
first floor of the main house.
The first and second floors of the main house contained
offices for ATV employees. The second floor also contained a
dining room and kitchen used by ATV for conferences, meetings,
and lunches. Mr. Cutts occasionally used the kitchen for limited
activities, such as eating a bowl of cereal; Mr. Cutts eats out
for lunch and dinner except when the kitchen and dining room are
used for ATV’s lunch and dinner meetings.
According to Mr. Cutts’s measurements, the total square
footage of the den, Mr. Cutts’s bedroom, Justin’s bedroom, and
the bathroom used by them is 860 square feet. There is no
evidence in the record of a floor plan of the main house or the
square footage of the individual rooms and hallways in the main
house. There is no evidence in the record of the time spent by
Mr. Cutts for personal use and ATV for business use of different
areas of the main house.
ATV paid all Landmark Hall utility expenses. Mr. Cutts paid
real estate taxes and insurance premiums with respect to Landmark
Hall. Mr. Cutts paid the Landmark Hall mortgage by having ATV
write the mortgage payment check, which Mr. Cutts then credited
against ATV’s rent obligation.
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Last modified: May 25, 2011