- 11 - petitioner also ran a mortgage loan business. Petitioners' taxable income was derived from the following sources:7 Source 1989 1990 Interest $5,002 $2,011 Mortgage Business (3,567) 5,079 Rental Income (1,743) (1,196) Capital Gains 107,737 18,215 Total Income $107,428 $24,108 Petitioners filed joint Federal income tax returns for the taxable years 1989, 1990, and 1991. In each of these years, petitioner deducted $33,333 in depreciation for the J car on a Schedule C. He reported no income from this activity in any of the years. Respondent disallowed the depreciation deductions related to the car on the ground that petitioner was not engaged in a trade or business for profit or an activity for production of income. The year 1991 is not before the Court. OPINION The issue is whether petitioner may deduct depreciation for the J car in the amount of $33,333 per year for the taxable years 1989 and 1990. Petitioner contends that he was engaged in the business of selling the car, or copies of it, during the years at issue and that the car had a cost basis of $100,000. Respondent disagrees with petitioner's position on both of these points. 7 All amounts are rounded to the nearest whole dollar. This rounding accounts for the apparent discrepancies in the totals.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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