Ronald D. Weeldreyer and Suzanne Weeldreyer - Page 20

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                  It is well settled that “Ordinarily, taxpayers are bound by                           
            the form of the transaction they have chosen; taxpayers may not                             
            in hindsight recast the transaction as one that they might have                             
            made in order to obtain tax advantages.”  Framatome Connectors                              
            USA Inc. v. Commissioner, 118 T.C. 32, 70 (2002) (citing Estate                             
            of Leavitt v. Commissioner, 875 F.2d 420, 423 (4th Cir. 1989),                              
            affg. 90 T.C. 206 (1988), and Grojean v. Commissioner, 248 F.3d                             
            572, 576 (7th Cir. 2001), affg. T.C. Memo. 1999-425).  Here,                                
            inasmuch as Mr. Weeldreyer farmed the Weeldreyer farm as a                                  
            tenant, and not as an employee of Dreyer Farms, the food and                                
            lodging in question were not furnished to Mr. Weeldreyer as a                               
            corporate employee for the convenience of his employer.  Thus,                              
            the food and lodging expenses at issue are not section 119(a)                               
            meals and lodging expenses.                                                                 
                  2.    Deductibility of Expenses Related to the Leasing of the                         
                        Weeldreyer Farm                                                                 
                  During the years at issue, Dreyer Farms’ business activities                          
            included leasing the Weeldreyer farm.  It leased the farm,                                  
            including the farmhouse, to the Weeldreyers and received rent in                            
            the form of 40 percent of the crops grown on the farm.                                      
            Therefore, we look to the terms of the farm leases to determine                             
            whether expenses for maintenance and repair, remodeling,                                    
            landscaping, insurance, telephone, utilities, depreciation, and                             
            taxes are the expenses of Dreyer Farms or the Weeldreyers.                                  







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