- 19 - and 1989 income tax returns. Respondent challenges the claimed depreciation with respect to certain vending machines because petitioners failed to establish their ownership of or basis in those machines. In that same vein, respondent also determined that petitioners are not entitled to certain other deductions related to the vending machines for the 1986 and 1989 tax years. Respondent also determined that petitioners failed to report income paid to them by or on their behalf by their corporations. Conversely, petitioners contend that they are entitled to depreciate, as well as to deduct all related expenses with respect to, the vending machines in question. A. Depreciation Petitioners contend that the assignments of security interests in the vending machines gave them title and, therefore, ownership. Consequently, petitioners contend that in 1986 they owned approximately 70 out of the 490 vending machines operated by their corporations. Respondent counters that: (1) Petitioners have no capital investment in the vending machines; (2) there are no documents in the record which prove that petitioners owned the vending machines; and (3) the vending machines have not been shown to have a useful life exceeding 1 year. Deductions are a matter of legislative grace, and the taxpayer bears the burden of proving that he or she is entitledPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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