William W. Halle IV, and Janice C. Halle - Page 22

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          entitled to depreciate it.  Therefore, petitioners are allowed to           
          deduct their lease payments of $2,301 for 1990.  However, they              
          are not allowed a depreciation deduction.                                   
          (2)  Chevrolet Cavalier                                                     
               Petitioner claimed a section 179 deduction of $2,660 for the           
          Cavalier.  Respondent disallowed this deduction, and instead                
          allowed depreciation of $1,347.78.                                          
               To claim a section 179 deduction, petitioner must have                 
          acquired the property by purchase for use in the active conduct             
          of his trade or business.  Sec. 179(d); Campana v. Commissioner,            
          T.C. Memo. 1990-395 (car purchased as family car and later also             
          used in taxpayer's trade or business does not qualify for section           
          179 deduction).                                                             
               Petitioner did not purchase the Cavalier for use in his                
          locksmith business.  He purchased it for personal use on November           
          1, 1986, and subsequently converted it to 56 percent business use           
          nearly 4 years later.  Thus, petitioner is not entitled to a                
          section 179 deduction for the Cavalier.                                     
               We agree with respondent's allowance of depreciation in the            
          amount of $1,347.78 for petitioner's business use of the                    
          Cavalier.  Respondent accepted petitioner's 56 percent business             
          use.  Respondent arrived at her depreciation figure by reducing             
          petitioner's basis in the Cavalier from $13,500 (cost) to $9,627            
          (fair market value) and by allocating 56 percent of the reduced             
          basis to business use.  Petitioner offered no evidence as to the            




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