Robert E. and Yvonne R. Kovacevich - Page 10

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          Co. v. Commissioner, 54 Fed. Appx. 100 (3d Cir. 2002); sec.                 
          31.3121(d)-1(b), Employment Tax Regs.  Petitioner was a statutory           
          employee because at all relevant times he served as Western’s               
          president, worked in all significant aspects of Western’s                   
          business, performed substantial services for Western in his                 
          capacity as an officer, and obtained remuneration for such                  
          services from Western as his needs arose.                                   
          IV. Pension Plan Recovery                                                   
               Petitioners received and retained an $11,677 recovery that             
          belonged to the pension plan.  Petitioners contend that these               
          funds were rolled over into an Individual Retirement Account, but           
          their testimony on this issue was unconvincing, and they did not            
          present any supporting documentation.  Accordingly, the $11,677             
          must be included in income.                                                 
          V.   Schedule C Expenses                                                    
               For depreciation purposes, automobiles are classified as 3-            
          year property.  Rev. Proc. 83-35, 1983-1 C.B. 745.  The period              
          for depreciation of an asset begins when the asset is placed in             
          service and ends when the asset is retired from service.  Sec.              
          1.167(a)-11(e)(1), Income Tax Regs.  Petitioners contend that the           
          automobile was not placed in service until 1990 because the                 
          engine failed in 1985, and the automobile could not be used for a           
          few years.  Petitioners further contend that, pursuant to section           







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