Valerie Jean Genck - Page 9

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          Bad Debt                                                                    
               Petitioner claimed a deduction for a bad debt in the amount            
          of $183.33 on her return as her share of an uncollected fee for             
          one of the band's performances.  In August of 1992, the band                
          entered into a contract with the Spectrum Club to perform two               
          nights for $1,100.  The band contracted with side men                       
          (independent musicians) to perform with the group and guaranteed            
          the side men's wages.  Spectrum paid the band for one night's               
          performance; it did not pay the band for the second night.  The             
          band, however, paid the side men their wages for the second                 
          night's performance.  Based upon the facts presented, we find               
          that petitioner may not deduct the $183.33 claimed as a bad debt.           
          We do, however, hold that she is entitled to claim the $183.33 as           
          an ordinary and necessary business expense.  Sec. 162(a).                   
          Depreciation                                                                
               Petitioner claimed a deduction in the amount of $2,100 as              
          depletion.  At trial, the parties agreed that the claimed                   
          deduction was intended to be for depreciation of equipment                  
          purchased during 1992.  Petitioner submitted a number of checks             
          in support of the claimed deduction.  She contends that she                 
          properly deducted the entire cost of the equipment pursuant to              
          section 179.                                                                
               Section 179 allows a taxpayer to elect to treat the cost of            
          section 179 property as a current expense in the year such                  
          property is placed in service within certain dollar limitations.            




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