Eli and Karen Yecheskel - Page 5

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               Petitioners presented no evidence and cited no authority                
          supporting their claim of a deduction for the entire cost of the             
          automobile in the year of purchase.  It is elementary tax law                
          that an expenditure that results in the acquisition of property              
          with a useful life extending beyond the year of purchase is                  
          generally a capital expenditure, and the recovery of such                    
          expenditure is an allowance for depreciation under section 167               
          over the useful life or recovery period of the asset.  Section               
          167(a) provides generally that there shall be allowed as a                   
          depreciation deduction a reasonable allowance for the exhaustion,            
          and wear and tear (including a reasonable allowance for                      
          obsolescence) of property used in a trade or business or property            
          held for the production of income.  It is patently clear,                    
          therefore, that petitioners could not, during 1992, claim the                
          entire cost of the automobile as an ordinary and necessary                   
          business expense.  If petitioners are entitled to any deduction              
          at all for the automobile, it would be depreciation, and the                 
          Court next considers that question.                                          
               For years after 1985, a deduction for transportation                    
          expenses (which includes depreciation) is allowed only if the                
          taxpayer meets the strict substantiation requirements of section             
          274(d).  Sec. 274(d)(1); sec. 1.274-5T(a)(1), Temporary Income               
          Tax Regs., 50 Fed. Reg. 46014 (Nov. 6, 1985).  Section 274(d),               
          for taxable years beginning after December 31, 1985, was amended             





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