George Tsakopoulos and Drousoula Tsakopoulos - Page 19




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          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 add             






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