- 23 - Cavalier's fair market value. Respondent relied on the National Automobile Dealers Association (NADA) used car guide for the fair market value. The basis of property which has not been used in the trade or business and which is thereafter converted to such use is the lesser of fair market value on the date of conversion or the adjusted basis on the date of conversion. Sec. 1.167(g)-1, Income Tax Regs. Because petitioner converted the Cavalier to business use, the appropriate basis for depreciation is fair market value. Petitioner provided no evidence as to the Cavalier's fair market value on June 1, 1990, the date of conversion. Consequently, respondent's valuation is sustained. See Lillis v. Commissioner, T.C. Memo. 1983-142, affd. without published opinion 740 F.2d 974 (9th Cir. 1984) (taxpayers failed to carry their burden of proof as to amount claimed for depreciation where no evidence was introduced to establish basis or other component of their depreciation formula); see also Boggs v. Commissioner, T.C. Memo. 1981-224 (the Commissioner's estimate of salvage value based on the NADA guide was sustained where the taxpayer failed to introduce evidence to refute it). (3) Wyoming Locksmith Shop Petitioner claimed depreciation of $3,300 for the Wyoming locksmith shop. Respondent does not challenge petitioner's entitlement to depreciation. Rather, the parties disagree as to the amount of depreciation to be allowed. Petitioner placed 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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