- 27 - petitioner on January 10, 1991. Accordingly, we sustain respondent's disallowance of the claimed moving expenses. E. Loss on Disposition of Chevrolet Cavalier Petitioner claimed a loss in the amount of $8,350 when the Cavalier was traded in for the leased van. He calculated the loss by using a cost basis of $13,500. Respondent reduced the amount of this loss to $2,043.34. Respondent arrived at this figure by reducing petitioner's basis in the Cavalier from the $13,500 cost basis to the $9,627 fair market value based on the NADA used car guide. Respondent accepted petitioner's 56 percent business use of the Cavalier and allocated $5,391.12 of the fair market value basis to business use. The basis for determining a loss on the disposition of property used in a trade or business is "the cost * * *, except as otherwise provided in this subchapter". Secs. 165(a), (b) and (c), 1011, 1012. However, losses on personal property are not deductible. Sec. 262. The depreciable basis for property converted from personal to business use is the lesser of cost or fair market value at the time of conversion. Sec. 1.167(g)-1, Income Tax Regs. Thus, the basis for determining a loss under section 165 for an automobile converted from personal to business use is the lesser of cost or fair market value. Gross v. Commissioner, T.C. Memo. 1972-221. To conclude otherwise would allow petitioner through conversion to recognize a loss which was realized during the period of personal use. Id. Therefore, wePage: 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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