Bruce Selig and Elaine Selig - Page 9

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          "recovery property".  The term "recovery property" is defined in            
          relevant part to mean "tangible property of a character subject             
          to the allowance for depreciation * * * used in a trade or                  
          business".  Sec. 168(c)(1) (1981).  In the Simon case, we dealt             
          with two antique violin bows that the taxpayers, both                       
          professional musicians, used in that trade or business.  In the             
          Liddle case, we dealt with an antique viol, also used by a                  
          professional musician in his trade or business.  In both cases,             
          we rejected the Commissioner's argument that, for the instruments           
          to be property of a character subject to the allowance for                  
          depreciation (i.e., recovery property within the meaning of                 
          section 168(c)(1) (1981)), the taxpayers had to show the useful             
          life of the property.  Liddle v. Commissioner, supra at 296;                
          Simon v. Commissioner, supra at 264.  We found it sufficient that           
          the taxpayers had proven that the instruments were subject to               
          exhaustion, wear and tear, or obsolescence.  Liddle v.                      
          Commissioner, supra at 296-297; Simon v. Commissioner, supra.               
               In 1986, Congress extensively revised and restated section             
          168.  Tax Reform Act of 1986 (TRA 86), Pub. L. 99-514, sec.                 
          201(a), 100 Stat. 2121.  As restated, section 168 is applicable             
          to property placed in service after 1986.  TRA 86, Pub. L.                  
          99-514, sec. 203(a)(1), 100 Stat. 2143.  The term "recovery                 
          property" does not appear in section 168, as restated.  There is            
          no indication, however, that Congress intended to reimpose the              
          requirement, eliminated by ERTA, that a taxpayer must show the              




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