J.J. Zand - Page 162

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          family, and his friends also used the Kitzbuhel apartment for               
          personal vacations.  Petitioner engaged in skiing in Kitzbuhel              
          and received skiing lessons there.  All of his daughters, his               
          son-in-law, and his wife used the Kitzbuhel apartment for                   
          personal vacations.  Petitioner was known to spend Christmas                
          vacation in Kitzbuhel skiing.  He allowed many of his friends to            
          use the Kitzbuhel apartment for personal vacations.                         
               Although petitioner may have conducted some business while             
          in Kitzbuhel, there is evidence that his apartment was used                 
          extensively for personal vacations by him, his family, and his              
          friends.  Furthermore, he failed to keep a record of the number             
          of days of business use as compared to the number of days of                
          personal use of the Kitzbuhel apartment.  Moreover, he failed to            
          show that any business activities carried on while in Kitzbuhel             
          were not incidental to personal vacations.  Petitioner has failed           
          to establish that he is entitled to the claimed depreciation with           
          respect to the Kitzbuhel apartment.                                         
               For the years 1974, 1975, 1977, 1978, 1979, and 1980                   
          respondent disallowed the depreciation expenses claimed by                  
          petitioner on various automobiles.  The automobiles consisted of            
          cars driven by him and those provided to employees of CTC or CDC.           
          Neither petitioner nor the employees maintained any records to              
          differentiate between business and personal use of the                      
          automobiles.  He and the employees admitted that the cars were              





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