Rahim A. and Lisa R. Munshi - Page 6

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                  Section 167 provides, in part, for a depreciation deduction                         
           with respect to property used in a trade or business.                                      
           Depreciation allows the taxpayer to recover the cost of the                                
           property used in a trade or business or for the production of                              
           income.  United States v. Ludey, 274 U.S. 295, 300-301 (1927);                             
           Southeastern Bldg. Corp. v. Commissioner, 3 T.C. 381, 384 (1944),                          
           affd. 148 F.2d 879 (5th Cir. 1945).  To substantiate entitlement                           
           to a depreciation deduction, the taxpayer must show that the                               
           property was used in a trade or business (or other profit-seeking                          
           activity).  In addition, the taxpayer must establish the                                   
           property's depreciable basis.  E.g., Delsanter v. Commissioner,                            
           28 T.C. 845, 863 (1957), affd. 267 F.2d 39 (6th Cir. 1959);                                
           Kerrigan v. Commissioner, T.C. Memo. 1995-483; Greenway v.                                 
           Commissioner, T.C. Memo. 1980-97.                                                          
                  Petitioner has failed to substantiate any depreciable basis                         
           for the office equipment.  According to petitioner's testimony,                            
           he obtained a loan in the amount of $10,000, which he used to                              
           purchase various pieces of office equipment in 1988 or 1989.                               
           However, petitioner has failed to present detailed testimony, the                          
           loan agreement, or any other documentation such as receipts,                               
           invoices, or canceled checks to substantiate the cost of such                              
           equipment.  Thus, petitioner has failed to substantiate any                                
           depreciable basis for the equipment.  Moreover, petitioner has                             
           failed to substantiate the extent to which the office equipment                            





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