George Tsakopoulos and Drousoula Tsakopoulos - Page 22




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          the work provided a functional improvement to the roof,                     
          materially added to the value of the property, or would                     
          appreciably prolong the life of the roof.  Id.  In the instant              
          case, Mr. Graham credibly testified that the new roof had a 10-             
          year warranty, prolonging the life of the property.                         
          Additionally, in Vanalco, the work on the roof was performed                
          during ordinary maintenance which occurred almost every year.  In           
          the instant case, however, no evidence was presented to indicate            
          that the work performed on the roof was of a recurring nature.              
               Although petitioner replaced the roof of 10 percent of the             
          entire shopping center, we note that the entire builtup roof of             
          that section was replaced.  This section encompassed the roof               
          above 12 separate suites.  After considering the evidence, we               
          hold that the cost of the work performed on the roof must be                
          capitalized because of the substantial nature of the work                   
          performed and the work appreciably prolonged the life of the                
          roof.                                                                       
               C.   Payment to Royal Roofing, Inc.                                    
               Respondent argues that petitioner’s $30,000 payment to Royal           
          Roofing, Inc., should not be allowed as a deduction for 1995                
          because petitioner presented no evidence as to the business                 
          purpose of the payment.  Petitioner argues that he established              
          the business nature of this payment and it is deductible.                   








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