Problem

To begin your discussion, explain how transactions qualify as business expense deductions and provide examples. Based upon your knowledge of deductible business expenses and through research, address the following scenario as Mr. Gerbeuses tax advisor:

Mr. Bouteilles Gerbeuses has been your long-time tax client. He has amassed an impressive portfolio of real estate, securities, and joint venture investments. His net worth is substantial. Despite all his material well-being, Mr. Gerbeuses wants to take on a new challenge, that of producing fine wines.

He already owns several hundred acres of agriculturally zoned land in the wine producing region of the Noir Valley. It happens to adjoin his home in the Wemadeit Country Club and Retirement Resort subdivision. He expects his start-up capital investment to be over $5 million and does not expect the first harvest to take place for at least seven years after the initial planting of grape vines. He expects to offset any losses by his other income.

Assuming Mr. Gerbeuses comes to you for tax advice on his new wine venture, what tax advice will you provide, and what, if any, ethical issues should be considered? As you work to identify ethical concerns and applicable areas of taxation that Mr. Gerbeuses may require guidance and counsel in, consider the following ideas:

• How will his entity choice impact both protection of assets and personal tax obligation?

• What are the tax implications associated with employing family members (assuming he has other family members living and working on his large estate)?

• What types of deductions/expenses might Mr. Gerbeuses be rightly entitled to; what types of deductions/expenses may provide opportunity for abuse?

Does placement of this personal property into business use present any tax benefits or consequences for the property owner?