Ronald D. Weeldreyer and Suzanne Weeldreyer - Page 24

                                                - 24 -                                                  
            establish that Dreyer Farms is entitled to any deduction for                                
            utilities or telephone expenses.                                                            
                        d.    Depreciation                                                              
                  Dreyer Farms deducted $2,357 in 1995, $3,219 in 1996, and                             
            $3,326 in 1997 for depreciation of the farmhouse.  Section 167(a)                           
            allows a depreciation deduction from gross income for property                              
            used in the taxpayer’s trade or business or held for the                                    
            production of income.  Ordinarily, depreciation or amortization                             
            is available to an owner of an asset with respect to the owner’s                            
            basis in the asset.  Dreyer Farms owned the Weeldreyer farm,                                
            including the farmhouse.  One of the business activities of                                 
            Dreyer Farms was the leasing of the Weeldreyer farm, including                              
            the farmhouse.  Thus, the farmhouse is property used in the                                 
            corporation’s trade or business.                                                            
                  We hold that Dreyer Farms is entitled to a deduction for                              
            depreciation of the farmhouse for each of the years at issue as                             
            claimed.                                                                                    
                        e.    Taxes                                                                     
                  Dreyer Farms deducted property taxes of $1,283 in 1995,                               
            $1,567 in 1996, and $1,401 in 1997 attributable to the farmhouse.                           
            Dreyer Farms owned the Weeldreyer farm.  Section 164(a)(1) allows                           
            the owner of property a deduction for real property taxes.  We                              
            hold, therefore, that Dreyer Farms may deduct property taxes as                             
            claimed in the years at issue.                                                              






Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011