- 9 - "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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011