- 19 - Commissioner, 108 T.C. 265, 280 (1977) (quoting Wolfsen Land & Cattle Co. v. Commissioner, supra). Petitioner cited several cases to support his argument that the nature of the work on the roof was repairs, including Vanalco, Inc. v. Commissioner, T.C. Memo. 1999-265, Pierce Estates, Inc. v. Commissioner, 16 T.C. 1020 (1951), Thurner v. Commissioner, 11 T.C.M.(CCH) 42 (1952), Pontel Family Estate v. Commissioner, T.C. Memo. 1981-303, and Rev. Rul. 2001-4. In each of these cases and in the revenue ruling, the Court held that certain work performed should be characterized as repairs and deducted rather than capitalized. These situations are distinguishable from the instant case because they involved instances in which the repairs were of a recurring nature, part of a regular maintenance program, or necessary due to storm damage. None of the situations in the cited cases or revenue ruling is applicable in the instant case–-petitioner did not offer evidence that he performed work on his roof on a recurring basis or that the work was to repair damage caused by a storm. Therefore, we find the cases and revenue ruling cited by petitioner distinguishable from the instant case. Petitioner presented an expert witness, Robert Cox, who testified that the entire roof was not replaced, that many components were reused, and that the work was of poor quality so that it did not prolong the life of the roof nor materially addPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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