- 5 - 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 amendedPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011