Richard and Judith Haeder - Page 36




                                        - 36 -                                        
          that they failed to establish any connection between the use of             
          the rug and petitioner’s law practice.  In addition, respondent             
          contends that petitioners have not shown that the expense was an            
          ordinary and necessary business expense.12                                  
               Petitioners purchased the rug during 1993 and had it                   
          appraised and repaired that same year.  The fact that petitioners           
          had the rug appraised and repaired in the year of purchase                  
          suggests that those repairs were part of their capital investment           
          in the rug.  Cf. Stoeltzing v. Commissioner, 266 F.2d 374 (3d               
          Cir. 1959), affg. T.C. Memo. 1958-111; Bloomfield S.S. Co. v.               
          Commissioner, 33 T.C. 75 (1959); Jones v. Commissioner, 24 T.C.             
          563 (1955), affd. 242 F.2d 616 (5th Cir. 1957); L.A. Wells                  
          Constr. Co. v. Commissioner, 46 B.T.A. 302 (1942), affd. per                
          curiam 134 F.2d 623 (6th Cir. 1943); H. Wilensky & Sons Co. v.              
          Commissioner, 7 B.T.A. 693 (1927).  Petitioners offered no                  
          evidence regarding the condition of the rug before and after it             
          was repaired, nor did they prove what effect the repairs had on             
          the value of the rug.  Petitioners have not carried their burden            
          of proving that the expenditure was an ordinary and necessary               
          expense of carrying on petitioner’s law practice.  Accordingly,             
          we sustain respondent’s determination.                                      




               12Respondent also argues that, to the extent the expense is            
          allowable, the expenditure is a capital expenditure that should             
          be added to the basis of the rug.                                           




Page:  Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  Next

Last modified: May 25, 2011