- 25 - Generally, there is no deduction for the purchase of equipment. On a timely filed tax return, subject to limitations, a taxpayer can elect to treat the cost of section 179 property as an expense. To avail oneself of the benefits of section 179, the taxpayer must make an irrevocable election on the tax return. Sec. 179(a), (c). Petitioners made no such election. In order to depreciate an asset, there must be evidence that it was put into service during the year in question for use in a trade or business. Petitioners offered no such evidence. Although the Yogurt Station's tax returns had no deduction for auction expenses,13 petitioners seek to deduct checks made payable to cash under this category. Petitioners have not met their burden of showing that this side business existed. After carefully reviewing the 1989, 1990, and 1991 check spreads, based on the observations made above, we conclude that they are unreliable as substantiation for additional expenses. Based on the record as a whole, and as discussed below, we find that petitioners' testimony lacks credibility. The check spreads are simply too little, too late. In fact, were we to rely on them, we would allow petitioners fewer total deductions than respondent has already allowed in her notice of deficiency. We find insufficient evidence in the record to justify allowance of any deductions in excess of those claimed on the Yogurt Station's 13 The store's returns made no mention at all of an auction (sale of used restaurant equipment) business.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011