Joseph A. and Sari F. Deihl - Page 33

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          such dwelling unit”.  Sec. 280A(f)(1)(A).  No portion of                    
          petitioners’ dwelling was used exclusively for business, and the            
          record is devoid of any showing of business use of the home of              
          either son.  Consequently, no deduction for landscaping                     
          attributable to these properties is allowable.                              
               With respect to the corporate premises, landscaping and                
          maintenance costs would generally be deductible under section               
          162.  It is further undisputed that Mayor and KareMor incurred              
          such expenses for the 24th Street property.  The difficulty                 
          arises in that the record provides no link between the business             
          premises and the particular payments reflected in the general               
          ledgers and invoices beyond what has already been allowed or                
          conceded by respondent.  Moreover, the evidence is not sufficient           
          to permit any reasonable estimate or allocation under the                   
          principles of Cohan v. Commissioner, 39 F.2d at 543-544.                    
               When questioned at trial, Mr. Deihl and Mr. Hartmann                   
          attributed 70 percent of the landscaping costs to the corporate             
          property and 30 percent to the residential properties.  However,            
          in the December 31, 1998, general ledgers for Mayor and KareMor,            
          a 60-percent business versus 40-percent personal allocation was             
          used for the adjusting journal entries.  No attempt has been made           
          to explain the change in position, but the shift does suggest a             
          degree of arbitrariness in the figures.                                     







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