- 28 - 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 taxpayerPage: 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