- 10 - U.S. 252, 254 (1939); Ryman v. Commissioner, 51 T.C. 799, 802 n.5 (1969). Depreciation may generally be deducted to the extent that the taxpayer proves that he or she actually expended capital in the acquisition or improvement of the property. Helvering v. F. & R. Lazarus & Co., supra at 254; Currier v. Commissioner, 51 T.C. 488, 492 (1968). Allied does not deny that petitioner, not Allied, owned the airplanes, and Allied does not contend that it provided funds for the acquisition of the airplanes. Although Allied paid some expenses of the airplanes during the relevant period, Allied has not provided any proof that it had a capital investment in the airplanes. Accordingly, Allied has failed to prove its entitlement to any additional depreciation deductions with respect to petitioner's airplanes. For 1989, Allied argues that, based on the cost per hour for each aircraft to which petitioner testified and the stipulated number of business hours flown, Allied must have incurred additional expenses. Allied's position is unsupported by the record. Respondent determined that Allied was entitled to $32,110 of airplane expenses for 1989. Based on a concession by respondent, the allowance will be $36,360. At trial, Allied introduced various receipts as evidence of airplane expenses. The receipts totaled less than $16,000, and not all of the expenses were paid by Allied. Without supporting independentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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