Kristine A. Cluck - Page 22

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          to a depreciation deduction, the taxpayer must show that the                
          property was used in a trade or business (or other profit-                  
          oriented activity).  In addition, the taxpayer must establish the           
          property's depreciable basis, by showing the cost of the                    
          property, its useful life, and the previously allowable                     
          depreciation.  E.g., Delsanter v. Commissioner, 28 T.C. 845, 863            
          (1957), affd. in part and remanded in part 267 F.2d 39 (6th Cir.            
          1959).                                                                      
               To substantiate her entitlement to the additional                      
          amortization and depreciation deductions, petitioner presented              
          testimony of her husband, Elwood, and a number of summary                   
          schedules.  According to petitioner, the summary schedules, which           
          were purportedly prepared by petitioner's accountant,                       
          substantiate her entitlement to the claimed deductions.  Although           
          petitioner indicated that the original documentation supporting             
          the schedules (canceled checks and receipts) was in the                     
          courtroom, she did not offer it as evidence.  In regard to this             
          documentation, the revenue agent that audited petitioner's                  
          returns for the years at issue testified that he had, in the                
          company of petitioner's accountant, attempted to reconcile the              
          summary schedules with the alleged original documentation.                  
          According to the agent, the original information could not be               
          reconciled with the summary schedules.  Furthermore, it appeared            
          to the agent that a number of the claimed depreciation deductions           
          arose from assets that belonged to another person or entity.                




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