William W. Halle IV, and Janice C. Halle - Page 27

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          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, we             




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