Robert P. Sweet and Dawnielle K. Lawson - Page 12

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          between their home and the condominium units, to attend meetings            
          and to perform "maintenance" is said to have consumed 219 hours.            
          The Court recognizes that travel in some circumstances can be a             
          personal service performed in connection with making property               
          available for customer use.  Commuting, however, is an inherently           
          personal activity and as such does not constitute a "personal               
          service" to customers.  See Fausner v. Commissioner, 413 U.S.               
          838, 839 (1973) ("We cannot read section 262 of the Internal                
          Revenue Code as excluding such expense from 'personal'                      
          expenses"); Commissioner v. Flowers, 326 U.S. 465 (1946); sec.              
          1.262-1(b)(5), Income Tax Regs. (taxpayer's choice to live at a             
          distance from his place of business is personal).                           
               Petitioners claim involvement in 96 hours' worth of                    
          "comprehensive seasonal" repairs and maintenance of the property.           
          Petitioners performed the services three times together and                 
          Dawnielle assisted him on two or three of the trips.2  The                  
          services may have been performed more frequently than at typical            
          high-grade commercial or residential real properties.                       
          Petitioners, however, failed to provide any evidence of the value           
          of the services they provided.  They did provide evidence that              
          they paid maid and linen service costs of $2,364, a figure                  


               2Petitioner testified that his wife was with him on three of           
          the trips.  Petitioners' C.P.A. represented to Appeals Division             
          in a letter dated September 12, 2003, that she made two trips to            
          their properties.                                                           





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