- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011