- 34 - 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 2Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011