J.J. Zand - Page 47

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          publications in the amounts of $2,211, $4,168, $1,979, and                  
          $1,873, respectively.  On brief petitioner conceded the amounts             
          of $1,734.08 for 1978, $624 for 1979, and $624 for 1981.                    
          Respondent conceded $926 for 1979 and $234 for 1980.  The                   
          remaining amounts of $476.08 for 1978, $2,618 for 1979, $1,745              
          for 1980, and $1,249 for 1981 were not ordinary and necessary               
          business expenses of petitioner, and are, therefore, disallowed.            
                       N.  Claimed Deductions for Depreciation                        
               In the notice of deficiency for the years 1973 and 1976                
          respondent disallowed depreciation claimed by petitioner in the             
          amounts of $560.90 and $10,902.44, respectively.  Petitioner                
          presented no evidence to refute respondent's determination.                 
          Therefore, the amounts are disallowed.                                      
               From 1974 through 1976 petitioner owned an apartment in                
          Kitzbuhel, an Austrian village located in the Tirol Mountains               
          noted for its skiing.  Petitioner skied in Kitzbuhel and took               
          skiing lessons there.  Petitioner, his family, and his friends              
          used the Kitzbuhel apartment for personal vacations.                        
               Petitioner claimed depreciation expenses on the Kitzbuhel              
          apartment in the amounts of $3,366.90 in 1974 and $3,990.91 in              
          1975.  He did not keep any records of the number of days the                
          Kitzbuhel apartment was used for business compared to the number            
          of days of personal use.  Therefore, he is not entitled to any              
          depreciation expenses on the Kitzbuhel apartment for the years              





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