Ronald D. Weeldreyer and Suzanne Weeldreyer - Page 29

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            had engaged in any business activity.  Christey v. United States,                           
            841 F.2d 809, 814 (8th Cir. 1988); Moss v. Commissioner, 80 T.C.                            
            1073, 1078 (1983), affd. 758 F.2d 211 (7th Cir. 1985).  In order                            
            for personal living expenses to qualify as a deductible business                            
            expense under section 162(a), the taxpayer must demonstrate that                            
            the expenses were different from, or in excess of, what he would                            
            have spent for personal purposes.  Sutter v. Commissioner, 21                               
            T.C. 170, 173 (1953).  Petitioners did not produce any bills,                               
            canceled checks, or testimony to substantiate any portion of the                            
            expenses that relates to Mr. Weeldreyer’s separate farming                                  
            business.  Thus, petitioners have failed to establish that the                              
            Weeldreyers are entitled to a deduction for any portion of the                              
            expenses under section 162.12                                                               
                  4.    Rental Value of Residence                                                       
                  The Weeldreyers leased the Weeldreyer farm, including the                             
            farmhouse, from Dreyer Farms.  Dreyer Farms received rent in the                            
            form of 40 percent of the crops grown on the farm.  The                                     


                  12Except as otherwise provided, an individual is not allowed                          
            a deduction with respect to the use of a dwelling unit that is                              
            used by the individual as a residence.  Sec. 280A(a).  The                                  
            individual may, however, deduct expenses allocable to portions of                           
            the dwelling that are exclusively used for business purposes.                               
            Sec. 280A(c).  The Weeldreyers did not argue that their housing                             
            expenses are deductible under sec. 280A.  Therefore, we do not                              
            address the question of whether certain portions of their housing                           
            expenses may be deductible under that section.  We note, however,                           
            that the Weeldreyers have made no showing that the farmhouse, or                            
            any portion thereof, was used exclusively for business purposes.                            





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