Ronald D. Weeldreyer and Suzanne Weeldreyer - Page 30

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            Weeldreyers included only their 60 percent of the crop revenues                             
            in their income.  They excluded the entire 40 percent paid to                               
            Dreyer Farms as rent, including the portion attributable to the                             
            farmhouse.  In effect, they deducted the portion of the rent paid                           
            for the farmhouse.  The rent of the farmhouse is their personal                             
            expense and is not deductible.  See sec. 262.                                               
                  The farm leases do not specify that portion of the rent to                            
            be paid for use of the farmhouse.  Nor have the Weeldreyers                                 
            provided any evidence to show that portion of the rent properly                             
            attributable to the farmhouse.                                                              
                  The amount of the constructive dividends respondent                                   
            determined in the Weeldreyer notice of deficiency exceeds the                               
            amount of deductions disallowed in the Dreyer Farms notice of                               
            deficiency.  The record does not explain that excess.  Moreover,                            
            since the depreciation respondent disallowed as a deduction to                              
            Dreyer Farms was not an expenditure, we assume that adjustments                             
            in the Weeldreyer notice of deficiency did not include the                                  
            depreciation.                                                                               
                  We have computed the fair rental value of the farmhouse that                          
            was included in respondent’s adjustment to the Weeldreyers’                                 
            income as follows:                                                                          
                                                            11/30/95   11/30/96   11/30/97              
             Dreyer Farms notice of deficiency                                                          
             Disallowed food & lodging deductions           $12,265    $15,667    $16,301               
             Less depreciation on residence                 2,357      3,219      3,326                 
             Food & lodging expenditures                    9,908      12,448     12,975                





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