Waterfall Farms, Inc. - Page 11

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                                    19951       1996         1997                     
               Gross income        $85,151   $112,626     $126,764                    
               Total expenses       96,344     112,589      128,520                   
               Net profit/loss   (11,193)         37       (1,756)                    
               1 As amended.                                                          
          G.   Notices of Deficiency                                                  
               On January 31, 2001, respondent timely mailed to the Hubers            
          a statutory notice of deficiency for 1995, 1996, and 1997 (the              
          Huber notice of deficiency).  Also on January 31, 2001,                     
          respondent timely mailed to Waterfall Farms a statutory notice of           
          deficiency for its fiscal years ended November 30, 1995, 1996,              
          and 1997 (the Waterfall Farms notice of deficiency).                        
               In the Waterfall Farms notice of deficiency, respondent                
          disallowed the food, lodging, and medical expenses deducted by              
          Waterfall Farms, totaling $1,224 for 1995, $1,297 for 1996, and             
          $16,713 for 1997.  Respondent determined that (1) Waterfall Farms           
          failed to establish that the food and lodging expenses were                 
          ordinary and necessary business expenses under section 162 and              
          (2) those items are the Hubers’ personal expenses.  Respondent              
          further determined that Waterfall Farms was liable for the                  
          accuracy-related penalty under section 6662(a).                             
               In the Huber notice of deficiency, respondent determined               
          that payments by Waterfall Farms of the Hubers’ food, lodging,              
          and medical expenses resulted in constructive dividends as                  
          follows:                                                                    






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Last modified: May 25, 2011