- 21 - 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 notPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011