David Llewellyn and Kay Marie Rose - Page 18




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          INDOPCO, Inc. v. Commissioner, supra at 87-88; United States v.             
          Miss. Chem. Corp., 405 U.S. 298, 310 (1972); FMR Corp. & Subs. v.           
          Commissioner, supra at 426; Conn. Mut. Life Ins. Co. v.                     
          Commissioner, 106 T.C. 445, 453 (1996).                                     
               The record reflects that the additional labor expenses                 
          substantiated by petitioners were incurred in connection with the           
          construction of the Mach Buster airplane, an asset having a                 
          useful life substantially beyond the years in which the                     
          expenditures were incurred.  Therefore, the Court holds that the            
          aforementioned additional labor expenses substantiated by                   
          petitioners, i.e., $11,624, $3,387, and $21,355 for 1995, 1996,             
          and 1997, respectively, are not currently deductible but, rather,           
          must be capitalized and eventually depreciated as a portion of              
          the cost of constructing the Mach Buster airplane.                          
               Finally, petitioners contend that the Mach Buster airplane             
          was placed in service in 1997, and, thus, some depreciation                 
          should be allowed for that year.  Conversely, respondent contends           
          that the Mach Buster was placed in service no earlier than 1998,            
          and perhaps later, therefore, no depreciation for the airplane              
          should be allowed for any of the years at issue.                            
               Section 167(a) allows taxpayers a depreciation deduction for           
          the exhaustion and wear and tear of property used in a trade or             
          business or held for the production of income.  Property becomes            
          depreciable beginning when it is "placed in service".  Piggly               
          Wiggly S., Inc., v. Commissioner, 84 T.C. 739, 745 (1985), affd.            






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