Augusto & Maria Negret - Page 5




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          miles of business use by the standard 2003 mileage rate of 36               
          cents.  The claimed $1,180 insurance expense (supra table 1) is             
          for the same vehicle as the claimed $2,678 car and truck                    
          expenses.                                                                   
               Table 2 shows the information on a depreciation schedule               
          attached to petitioners’ 2003 tax return.                                   
                                       Table 2                                        
          Item                        Information                                     
               Description of property             Leasehold imp.                     
          Date acquired                       02/03/03                                
          Cost or other basis                 $24,855                                 
          Depreciable basis                   $17,398                                 
          Accumulated depreciation            [No entry]                              
          Method used                         MACRS                                   
          Life or rate                        5.0                                     
          Depreciation for 2003               $10,937                                 
          ADS depreciation for 2003           $3,480                                  
               On the Form 4562 (Depreciation and Amortization) attached to           
          their 2003 tax return, petitioners claimed a $7,457 special                 
          depreciation allowance and an MACRS depreciation deduction of               
          $3,480, for a total of $10,937.4                                            




               4 Sec. 168(k)(1) provides for an additional depreciation               
          deduction of 30 percent of the adjusted basis of qualified                  
          property, but requires the adjusted basis to then be reduced by             
          this additional deduction before computing the amount otherwise             
          allowable as a depreciation deduction.  The $7,457 claimed                  
          special depreciation allowance is 30 percent of the claimed                 
          $24,855 cost or other basis.  See supra table 2.  The $24,855               
          basis minus the $7,457 special depreciation leaves the $17,398              
          depreciable basis, see supra table 2, used to calculate the                 
          remaining depreciation.                                                     





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