Ronald D. Weeldreyer and Suzanne Weeldreyer - Page 28

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            v. United States, 149 F.3d 805, 816 (8th Cir. 1998); Kappel v.                              
            United States, 437 F.2d 1222, 1226 (3d Cir. 1971); Estate of                                
            Smith v. Commissioner, 110 T.C. 12 (1998).                                                  
                  Although the bylaws of Dreyer Farms require Mr. Weeldreyer                            
            to repay amounts for which the corporation is disallowed a                                  
            deduction, Mr. Weeldreyer does not claim that he has repaid the                             
            disallowed amounts.  Indeed, there is no evidence in the record                             
            to show that he did.  Therefore, section 1341 does not apply.  We                           
            hold that Dreyer Farms’ payment of the Weeldreyers’ food, repair                            
            and maintenance, remodeling, landscaping, utilities, and                                    
            telephone expenses constitutes income to the Weeldreyers.                                   
                  Petitioners argue that the expenses are meals and lodging                             
            expenses excludable under section 119.  We have found to the                                
            contrary.                                                                                   
                  Further, although the repair and maintenance, remodeling,                             
            and landscaping expenses were incurred by the Weeldreyers as                                
            tenants under the farm lease, those expenses relate to the use of                           
            the farmhouse, not to the raising of the crops.  Thus, those                                
            expenses, as well as the food, utilities, and telephone expenses,                           
            are the Weeldreyers’ personal living expenses.                                              
                  Personal, family, or living expenses are not deductible                               
            except as otherwise expressly permitted.  Sec. 262.  A taxpayer’s                           
            expenses for his or her own meals and lodging are personal                                  
            because they would have been incurred whether or not the taxpayer                           






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