Ronald D. Weeldreyer and Suzanne Weeldreyer - Page 23

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            (2001) (citing section 1.162-1(a), Income Tax Regs.).  The farm                             
            leases do not require the Weeldreyers to provide property                                   
            insurance covering the farmhouse or other improvements on the                               
            property.  The property insurance is an ordinary and necessary                              
            business expense of Dreyer Farms (the owner of the property) and                            
            not a personal, family, or living expense of the Weeldreyers.  We                           
            hold, therefore, Dreyer Farms is entitled to deduct the insurance                           
            expenses as claimed in each of the years at issue.                                          
                        c.    Utilities and Telephone                                                   
                  Dreyer Farms deducted utilities expenses of $1,694 in 1995,                           
            $2,362 in 1996, and $2,235 in 1997 and telephone expenses of $338                           
            in 1997.  Utilities and telephone 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 leases did not contain any provisions                                  
            regarding the utilities or telephone for the farmhouse.                                     
            Petitioners did not produce any utility or telephone bills,                                 
            canceled checks, or testimony to identify that, if any, portion                             
            of the utility and telephone expenses related to the                                        
            corporation’s business.  We have no basis for making any                                    
            allocation of the expenses.  Thus, petitioners have failed to                               








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