- 22 - 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 thePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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