Stanley M. Kurzet and Anne L. Kurzet - Page 35

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            to five rooms or one-fifth of all expenses of the Orange County                           
            residence as deductible home office business expenses.                                    

            Respondent's Audit                                                                        
                  On audit, respondent did not dispute that petitioner's                              
            consulting and his computer and real estate rental activities                             
            constituted trade or business activities.  Respondent, however,                           
            disallowed numerous expenses claimed on petitioners’ original                             
            Federal income tax returns on the grounds, among others, that                             
            petitioners had not substantiated many of the claimed expenses                            
            and that the timber farm, Tahiti Property, and Lear jet                                   
            activities in which petitioners were engaged did not constitute                           
            trade or business activities under section 162, nor for-profit                            
            investment activities under section 212.                                                  
                  With exception of expenses claimed relating to the Tahiti                           
            Property, respondent now stipulates that essentially all of                               
            petitioners' claimed expenses have been substantiated as to                               
            amount and payment, but not necessarily as to character.                                  
                  The primary remaining adjustments will be addressed in the                          
            following sequence: (1) Whether petitioners’ timber farm                                  
            constituted a for-profit trade or business activity under                                 
            section 162 and whether petitioners' Tahiti Property constituted                          
            a for-profit investment activity under section 212; (2) whether                           
            the percentage of timber farm general expenses that should be                             
            capitalized as part of the capital costs of the water reservoir                           





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