Ricky Schmidt and Suzetta J. Schmidt - Page 27

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          spent for personal purposes.  Sutter v. Commissioner, 21 T.C.               
          170, 173 (1953).  Petitioners did not produce any bills, canceled           
          checks, or testimony to substantiate any portion of the expenses            
          that relates to Mr. Schmidt’s separate farming business.  Thus,             
          petitioners have failed to establish that the Schmidts are                  
          entitled to a deduction for any portion of the expenses under               
          section 162.8                                                               
               4.   Rental Value of Residence                                         
               The Schmidts leased the Schmidt farm, including the                    
          farmhouse, from Hillside Dairy for $6,000.  We are satisfied, on            
          the basis of the property taxes for the farmhouse, that the fair            
          rental value of the farmhouse for each year at issue did not                
          exceed $6,000.                                                              
               5.   Summary of Adjustments to the Schmidts’ Income                    
               The following personal expenses paid by Hillside Dairy are             
          included in the Schmidts’ income as constructive dividends for              
          the years at issue:                                                         

               8Except as otherwise provided, an individual is not allowed            
          a deduction with respect to the use of a dwelling unit that is              
          used by the individual as a residence.  Sec. 280A(a).  The                  
          individual, however, may deduct expenses allocable to portions of           
          the dwelling that are exclusively used for business purposes.               
          Sec. 280A(c).  In the cases at bar, the Schmidts did not argue              
          that the utility expenses are deductible under sec. 280A.                   
          Therefore, we do not address the question of whether any portion            
          of the utility expenses may be deductible under that section.  We           
          note, however, that the Schmidts made no showing that the                   
          farmhouse, or any portion thereof, was used exclusively for                 
          business purposes.                                                          





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