- 238 - 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 werePage: Previous 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 Next
Last modified: May 25, 2011