- 32 - Freedson v. Commissioner, 565 F.2d 954 (5th Cir. 1978), affg. 65 T.C. 333 (1975) and 67 T.C. 931 (1977); McCoy v. Commissioner, 76 T.C. 1027 (1981), affd. 696 F.2d 1234 (9th Cir. 1983). Even if petitioner's documents had been admitted, we would give them very little weight because they apply to periods much later than the years in issue. Petitioner contends that Pietka did not consider that Mr. Cummings made repairs. Petitioner points out that Mr. Cummings paid about $70,000 to repair the roof and dry rot in 1994. We make no findings about who paid for repairs during the years in issue. We would give little weight to evidence of who paid for repairs in 1994 because it occurred so long after the years in issue. Petitioner contends that Pietka considered an incorrect amount of square footage for the 4200 S.W. Corbett St. property. The parties agree that the 4200 S.W. Corbett St. property included a 33,631 square-foot production facility. They disagree about the size of the other areas. Petitioner contends that the shop has 4,050 (rather than 3,969) square feet and that the annex or residence has 2,408 (rather than 2,316) square feet. These differences are de minimis. Petitioner contends that Pietka did not consider all of the property that was subject to the lease. Petitioner argues that it leased property other than the 4200 S.W. Corbett St. property,Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011