Lana Faye Green - Page 10

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          deduction with respect to her claimed share of the section 179              
          expense deduction claimed by Master Plan.  We reject this claim             
          for several reasons.  First, the Neon does not constitute section           
          179 property with respect to Master Plan because it did not                 
          acquire the Neon by purchase.  Sec. 179(d)(1) and (2).  The                 
          record clearly shows that petitioner purchased the Neon with her            
          personal funds in her own name.  There is no evidence or claim              
          that the Neon was later conveyed to or purchased by Master Plan             
          by the end of 1994.  Second, we are not convinced that the Neon             
          was used in Master Plan's business.  Sec. 179(d)(1).  Petitioner            
          did not introduce any documentary or testimonial evidence at                
          trial which proves that the Neon was so used.  Third, even if we            
          were to assume that the Neon qualifies as section 179 property              
          with respect to Master Plan's business, Master Plan is not                  
          entitled to a section 179 expense deduction for 1994 because it             
          did not have any taxable income in 1994.  Sec. 179(b)(3).  It               
          follows that there is no section 179 expense deduction which may            
          be passed through to petitioner as a shareholder on her Schedule            
          K-1 and her Schedule E for 1994.  Sec. 1.179-2(c)(2)(i), (3)(i),            
          Income Tax Regs.                                                            
               Nonetheless, petitioner maintains that she is entitled to a            
          section 179 expense deduction for the cost of the Neon.  We                 
          gather from the record that petitioner is now claiming that the             
          Neon was purchased for and used in a business other than Master             
          Plan's.  However, she has not proved or even explicitly argued              




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