Ronald D. Weeldreyer and Suzanne Weeldreyer - Page 12

                                                - 12 -                                                  
                                                 11/30/95     11/30/96      11/30/97                    
                  Food & lodging1                $12,433      $19,919       $19,573                     
                  Medical                        3,516        5,751         5,456                       
                  Total dividends                15,949       25,670        25,029                      
                  1The record does not explain why the amounts of                                       
                  dividends for food and lodging expenses included in the                               
                  Weeldreyers’ income exceed the amounts disallowed as                                  
                  deductions to Dreyer Farms.                                                           
                                               OPINION                                                  
            Issue 1. Expenses Incurred by Dreyer Farms To Provide Medical                               
                        Benefits, Food, and Housing to the Weeldreyers in 1995,                         
                        1996, and 1997                                                                  
            A.    Positions of the Parties10                                                            
                  Respondent disallowed deductions taken by Dreyer Farms for                            
            medical costs (health insurance premiums and other medical care                             
            expenses), food, lodging (including property insurance, property                            
            taxes, remodeling, landscaping, maintenance and repair,                                     
            telephone, and utilities for the farmhouse), and depreciation of                            
            the farmhouse.  Respondent asserts that the medical costs, food,                            


                  10Under certain circumstances, sec. 7491 places the burden                            
            of proof or production on the Commissioner.  Sec. 7491 applies to                           
            court proceedings arising in connection with tax examinations                               
            beginning after July 22, 1998.  Internal Revenue Service                                    
            Restructuring and Reform Act of 1998, Pub. L. 105-206, sec.                                 
            3001(a), 112 Stat. 726.  Petitioners timely filed their returns                             
            for the years at issue.  Hence, all of the returns were filed on                            
            or before Apr. 15, 1998.  The record does not disclose when the                             
            examination of petitioners’ tax returns began, and it is possible                           
            that the examination began before July 23, 1998.  Petitioners do                            
            not contend that sec. 7491 applies in these cases, and they have                            
            not otherwise asserted that respondent has the burden of proof or                           
            production with respect to any issue presented in these cases.                              
            We therefore conclude that sec. 7491 does not apply, and                                    
            petitioners have the burden of proof and production.                                        




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