Dennis C. Gandy - Page 51

                                       - 51 -                                         

          F.2d 559 (5th Cir. 1957); Vanicek v. Commissioner, 85 T.C. 731,             
          743 (1985).  We have taken into account the changing nature of              
          the nursery’s business from primarily B&B to container trees and            
          the effect on transportation costs as well as labor costs.  We              
          conclude that petitioners may deduct an additional $100,000 for             
          labor in 1985 and in 1986 and $50,000 for labor in 1987.  We are            
          not persuaded that they are entitled to deduct any additional               
          transportation expenses.                                                    
          Interest Income                                                             
               Petitioners admit making loans and receiving interest                  
          payments beginning with the 1985 taxable year.  Their argument is           
          that not all payments were made in a timely fashion and, thus,              
          respondent has overstated the amount of interest received.                  
               Respondent obtained copies of some of the borrowers' checks            
          or other records of payments.  They also interviewed the                    
          borrowers.  From this information, respondent calculated the                
          amount of petitioners' mortgage interest income.  Petitioners               
          have submitted no records that they may have kept regarding the             
          borrowers' repayments of the mortgage loans.  Nor have they                 
          testified that any borrowers failed to make the payments used by            
          respondent in calculating the additional interest income.  We are           
          persuaded that the amounts of interest income determined by                 
          respondent were correct.  We sustain respondent's determination             
          of petitioners' interest income.                                            





Page:  Previous  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  Next

Last modified: May 25, 2011