Joseph A. and Sari F. Deihl - Page 32

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               C.  Landscaping                                                        
               Petitioners seek to deduct under section 162 as business               
          expenses of Mayor and KareMor charges for landscaping and related           
          maintenance.  Portions of the amounts claimed have been allowed             
          or conceded by respondent.  In support of these deductions, the             
          record contains principally a number of handwritten invoices                
          from, and copies of checks made payable to, Audelio Rios, also              
          known as Delio Rios.  Many of the invoices provide few details as           
          to the work performed, and what notations are included frequently           
          appear to be written in Spanish.  At trial, Mr. Deihl and Mr.               
          Hartmann testified that Mr. Rios performed landscaping and                  
          maintenance for the corporate property on 24th Street, for                  
          petitioners’ residence, and for the residence of Joe II, which              
          was located on Mountainview Drive.  Certain of the invoices also            
          contain references to “Biol Dihol” or “3 casas” or “3 houses”,              
          and respondent argues that Mr. Rios provided services at Bill’s             
          residence as well.                                                          
               To the extent that the expenditures were incurred for                  
          landscaping and maintenance on the residential premises of                  
          petitioners and either of their two sons, any deductions are                
          precluded by section 280A for reasons essentially identical to              
          those just discussed in connection with the improvements to                 
          petitioners’ home.  The definition of “dwelling unit” for                   
          purposes of section 280A includes “other property appurtenant to            






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