Prudential Overall Supply - Page 20




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          consider in determining estimated useful life include exhaustion;           
          wear and tear or decline from natural causes; obsolescence;                 
          economic changes; inventions; current developments in the                   
          industry and the taxpayer’s trade or business; climatic or other            
          local conditions peculiar to the trade or business; and the                 
          taxpayer’s policy as to repairs, renewals, and replacements.                
          Sec. 167; sec. 1.167(a)-1(b), Income Tax Regs.                              
               The taxpayer is responsible for establishing the                       
          reasonableness of the deduction for depreciation.  Sec. 1.167(b)-           
          0(a), Income Tax Regs.  Generally, depreciation deductions so               
          claimed will be changed only where there is a clear and                     
          convincing basis for a change.  Id.                                         
               The parties disagree on the useful life of the garments and            
          dust control items.  Petitioner contends that it made a                     
          reasonable approximation of the useful life of its garments and             
          dust control items based on its business practices and that there           
          was no clear and convincing basis for a redetermination of the              
          useful life by respondent.  Petitioner approximated that the                
          useful life of its garments and dust control items was less than            
          1 year or not substantially in excess of 1 year.                            
               The useful life determined by respondent was 4 to 10 years             
          for mats, 4 to 10 years for mops, 1 to 4 years for towels, 2 to             
          4 years for industrial garments, and 4 to 10 years for clean room           
          garments.  Respondent primarily relies on an expert report and              






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Last modified: May 25, 2011