William W. Halle IV, and Janice C. Halle - Page 21

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          disallowed.  Thus the correct allowable depreciation is                     
          $16,339.62 instead of $15,995.11 allowed by respondent.                     
               Section 167(a) allows as a depreciation deduction a                    
          "reasonable allowance for exhaustion, wear and tear (including a            
          reasonable allowance for obsolescence) -- (1) of property used in           
          the trade or business, or (2) of property held for the production           
          of income."  The burden of proving the claimed depreciation                 
          deductions rests with petitioners.  Rule 142(a); Welch v.                   
          Helvering, 290 U.S. 111 (1933); see Hamilton & Main, Inc. v.                
          Commissioner, 25 T.C. 878, 883 (1956).  In order to meet their              
          burden, they must affirmatively establish the cost or other basis           
          of the assets, their age, condition, remaining useful life, and             
          the portion of their cost or other basis which has been recovered           
          in prior years.  O. Bee, Inc. v. Commissioner, T.C. Memo. 1959-             
          160; Moore v. Commissioner, a Memorandum Opinion of this Court              
          dated Aug. 14, 1953; see Smith v. Commissioner, 31 T.C. 1, 7                
          (1958).                                                                     
                    (1)  Chevrolet Van                                                
               Petitioner leased a Chevrolet van and placed it in service             
          in his locksmith business on December 20, 1990.  Depreciation was           
          claimed on Schedule C for the van in the amount of $1,540.                  
          Petitioner also claimed a deduction for lease payments in the               
          amount of $2,301 on the 1990 Federal income tax return for the              
          lease of the van.  Petitioner testified that he did not treat the           
          lease as a purchase, but as a lease, and admitted that he was not           




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