- 16 - Year Corporation Muscle Car Expense Improper Deduction 1989 FGI $202,453 $243,682 TTI 136,645 152,838 BEL -- -- 1990 FGI 257,604 291,930 TTI 16,259 16,259 BEL -- -- 1991 FGI 2,123 10,615 TTI -- -- BEL 9,487 40,503 Totals $624,571 $755,827 Respondent agrees that these expenses relate to petitioners' muscle car collection; however, she disagrees that the expenditures constitute deductible expenses. Respondent argues that petitioners have not established that these expenditures are ordinary and necessary, as opposed to capital expenditures, and that petitioners had not yet entered into a trade or business in 1989, 1990, or 1991; i.e., petitioners' activities were preparatory, at best, to future business activities. We agree. A taxpayer who is carrying on a trade or business may deduct all the ordinary and necessary expenses paid or incurred in connection with the operation of the business. Sec. 162(a). However, an expense paid or incurred must be capitalized and may not be deducted if it materially enhances the value, use, life expectancy, strength, or capacity of the property. Sec. 1.263(a)-1(b), Income Tax Regs. Petitioners have not proven that the expenditures in question did not materially enhance the value, use, life expectancy, or strength of the muscle cars.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011