- 17 - basis is the cost of constructing the J car. Secs. 1011, 1012, 1016. Petitioner alleges that he spent $100,000 to build the J car. Respondent argues that petitioner has not substantiated his basis in the J car and, therefore, cannot take the claimed depreciation deduction. Petitioner has no records of the expenses he incurred in building the car. At trial, he attempted to estimate those expenses by producing the auto shop's check stubs. Stubs were missing for some of the period that petitioner owned the auto shop. None of the checkbook deposit entries was marked as to its source. Petitioner offered no other financial records of the auto shop, such as customer invoices or receipts, or account statements, to correlate with these deposit notations. Although petitioner says he used 20 to 30 credit cards to reimburse the auto shop, petitioner offered no credit card receipts or statements. He did not establish that the auto shop had paid the expenses initially.10 Nor did he offer any proof of the loans he says he obtained to finance his project. Petitioner testified that he paid for the J car by what he called "credit card loans" and other loans. He testified he used 10 A small number of the checks could have been payments for auto parts, based on the notation on the stubs, where present, or by the name of the payee. However, even those stubs with notations do not specify that the parts were for petitioner's J car.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011