Ricky Schmidt and Suzetta J. Schmidt - Page 21

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          the Schmidts to provide property insurance covering the farmhouse           
          or other improvements on the property.  The property insurance is           
          an ordinary and necessary business expense of Hillside Dairy (the           
          owner of the property) and not a personal, family, or living                
          expense of the Schmidts.  We hold, therefore, Hillside Dairy is             
          entitled to deduct the insurance expenses as claimed in 1996 and            
          1997.                                                                       
                    b.   Utilities                                                    
               Hillside Dairy deducted utilities expenses of $2,567 in                
          1995, $2,439 in 1996, and $2,557 in 1997.  Utilities expenses may           
          be deductible under section 162(a) if the expenses incurred are             
          ordinary and necessary in carrying on a trade or business.                  
          Vanicek v. Commissioner, 85 T.C. 731, 742 (1985); Sengpiehl v.              
          Commissioner, T.C. Memo. 1998-23; Green v. Commissioner, T.C.               
          Memo. 1989-599.                                                             
               Here, the farm lease did not contain any provisions                    
          regarding the utilities for the farmhouse.  Petitioners did not             
          produce any utility bills, canceled checks, or testimony to                 
          identify that portion, if any, of the utilities expenses related            
          to the corporation’s business.  We have no basis for making any             
          allocation of the expenses.  Thus, petitioners have failed to               
          establish that Hillside Dairy is entitled to any deduction for              
          utilities expenses.                                                         








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