Juan N. and Miriam J. Villareal, et al. - Page 8

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          income tax return, petitioners' counsel conceded at trial that              
          the expense was miscategorized and did not qualify as an                    
          advertising expense deduction.                                              
               On the basis of the record, we find that petitioners                   
          expended $1,859 for a sign and hold that petitioners must                   
          capitalize the cost of the sign as a capital expenditure and not            
          as a Schedule C advertising expense deduction for the 1994 tax              
          year.                                                                       
               b.  Equipment                                                          
               Petitioners reported equipment costs of $10,000 on Form 4562           
          for the 1994 tax year and elected to expense that amount under              
          section 179.  Petitioners also claimed depreciation deductions in           
          the amount of $884 on 3-year property with a depreciation basis             
          of $2,652.  In total, petitioners claimed depreciation and                  
          section 179 expense deductions in the amount of $10,884 for the             
          1994 tax year.                                                              
               Petitioners did not claim the $10,884 amount on Schedule C,            
          line 13, which lists depreciation and section 179 expense                   
          deductions, but did report a $10,884 amount on Schedule C, line             
          10 entitled:  "Car and truck expenses".  It is unclear whether              
          petitioners mistakenly reported the $10,884 amount on the wrong             
          line of their Schedule C, or whether petitioners are claiming an            
          additional $10,884 in car and truck expense deductions for the              
          1994 tax year.  Petitioners' car and truck expenses are discussed           
          in c., infra p. 10.                                                         




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