- 14 - computer. Respondent allowed petitioner $1,543.50 of depreciation in 1985, 1986, and 1987. Petitioner argues that he used the Chrysler and the Rolls Royce in his trade or business. Respondent counters that petitioner has not shown that he used this property in a trade or business or held it for the production of income. Section 167(a) allows a depreciation deduction for the exhaustion, wear and tear of property used in a trade or business or property held for the production of income. Petitioner submitted mileage logs which are supposed to represent a record of business mileage for the Chrysler and on a 1984 Cadillac. None of the miles in the log are identified as belonging to the Rolls Royce. Petitioner did not testify, and presented no evidence, regarding the business use of the Rolls Royce. These logs are suspect as they do not appear to be prepared contemporaneously with the occurrence of the supposed business travel. See sec. 1.274-5(c), Income Tax Regs. The car the miles supposedly relate to is often not identified. Petitioner presented no evidence or testimony on how the mileage documented in these logs related to his medical practice.6 Furthermore, petitioner told Ms. Lippert that he lost all of his 1985 records in a flood, but submitted mileage logs for 1985. Petitioner 6 For example, there are entries for miles driven to a tax attorney, to "houghnorwood", to a library, to a marina, to the Tax Court in Wash., D.C., to K-Mart, and on a trip to Columbus.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011