- 5 - depreciation expense claimed on her 1989 Federal income tax return relating to the properties. Respondent alleges (and for purposes of acting on the instant motion for summary judgment we assume) that during settlement negotiations regarding the 1989 Fong case, petitioner argued that the properties she received on liquidation of LY Enterprises had a value of approximately $2 million and that the Lily Partnership and petitioner properly used that figure in computing the depreciable taxable bases of, and for computing depreciation on, the properties. In February of 1995, in the 1989 Fong case, petitioner and respondent entered into an agreement to settle, among all other issues, the issue regarding the proper depreciation expense to be allowed for 1989 to the Lily Partnership and to petitioner relating to the properties, and (we assume for purposes of petitioner's motion for summary judgment) the proper total tax bases of the properties. On February 6, 1995, in the 1989 Fong case, petitioner and respondent filed with this Court a stipulation of settled issues reflecting, in pertinent part and with regard to the depreciation issue that was settled, only the specific amount of the reduction to petitioner’s claimed depreciation expense for 1989 relating to the properties (namely $21,160).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011