Horace D'Angelo - Page 9

                                         -9-                                          
          within the meaning of section 162(a) and/or because these amounts           
          constitute capital expenditures.                                            
          Office Expenses                                                             
               For 1995, petitioner deducted $14,065 of expenses, which he            
          personally bore after moving the office and the staff of Arbor              
          into a house he owned.  The move was precipitated by                        
          disagreements that had arisen between petitioner and Pomeroy.               
          Petitioner and some of the Arbor employees worked in the office.            
          Those employees were a bookkeeper, an administrative assistant,             
          an individual responsible for Medical/Medicaid costing reports, a           
          comptroller, a secretary, and another individual responsible for            
          maintenance, landscaping, computers, and marketing.                         
               The expenses deducted by petitioner included costs of                  
          furniture, asphalt repair, water softener, and other items.                 
          Respondent asserts that these expenses belong to Arbor and thus             
          cannot be deducted by petitioner personally.  Additionally,                 
          respondent maintains that the following items should be                     
          capitalized and, if deductible, depreciated:                                
               Expense                            Amount                              
               Table                         $171                                     
               Water softener                188                                      
               Asphalt repair                1,850                                    
               Furniture                     338                                      










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