Charles R. Bowden and Sue I. Bowden - Page 21

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            (1986).  Consequently, a stockholder normally is not entitled to                           
            depreciate property of his corporation because he lacks a direct                           
            economic interest or investment in the property itself.  See                               
            Hunter v. Commissioner, 46 T.C. 477, 489-490 (1966).                                       
                  Generally, a taxpayer’s capital investment in the property                           
            is the cost of acquiring the depreciable property.  See Durkin v.                          
            Commissioner, supra; secs. 167(c), 1011, 1012; sec. 1.1012-1(a),                           
            Income Tax. Regs.  Petitioners contend that their depreciable                              
            basis is derived from the lenders' assignments to them of                                  
            security interests in the property.  This presents a question of                           
            whether, under State law, a security interest affords petitioners                          
            an ownership interest sufficient to entitle them to claim                                  
            depreciation.                                                                              
                  State law is determinative of the parties' rights and                                
            interests, and Federal law is determinative of the Federal income                          
            tax consequences of those rights or interests.  Morgan v.                                  
            Commissioner, 309 U.S. 78, 80 (1940); Lucas v. Earl, 281 U.S. 111                          
            (1930); Sampson v. Commissioner, 81 T.C. 614, 618 (1983), affd.                            
            without published opinion 829 F.2d 39 (6th Cir. 1987).                                     
                  Generally, California law provides that a security interest                          
            in personal property is given to secure a payment or performance                           
            of an obligation and not to acquire personal property.  See Cal.                           
            Com. Code sec. 1201(37)(a) (West Supp. 1996).  The holder of a                             
            security interest is denominated a secured party.  The priority                            





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