Eyefull Incorporated - Page 34

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          costly structural changes, including cement reinforcement of the            
          first floor ceiling, were probably performed at the same time as            
          the remodeling work in TYE 8/31/92 because the expenditures for             
          repairs and improvements reflected on petitioner’s tax returns              
          for TYE 8/31/89, TYE 8/31/90, and TYE 8/31/91 are comparatively             
          modest and do not even approach Hagerman’s estimate of the total            
          cost of compliance.  The need to make these structural changes              
          had been identified in TYE 8/31/90, and specific plans for                  
          compliance were required.  Consequently we believe that the plans           
          that were eventually executed at a cost of $352,420 in the first            
          half of TYE 8/31/92 could reasonably explain an accumulation of             
          approximately this amount at the end of both TYE 8/31/90 and TYE            
          8/31/91.                                                                    
               Under some circumstances, a lengthy delay in the execution             
          of alleged plans invites skepticism as to whether the plans were            
          sufficiently definite and specific to satisfy the requirements of           
          the regulations.  See Suwannee Lumber Manufacturing Co. v.                  
          Commissioner, T.C. Memo. 1979-477; sec. 1.537-1(b), Income Tax              
          Regs.  In this case the delay is understandable.  Remodeling was            
          contingent on county approval, county approval was contingent on            
          the availability of additional parking space, and coordination of           
          the major structural corrections with the elective remodeling               
          work was likely to have been efficient from both an economic and            
          architectural standpoint.  Considering the bureaucratic and                 
          technical complications, we do not interpret a delay of 1 to 2              




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