- 11 - his testimony does not establish that there was any actual agreement to transfer the equipment before the summer of 1988, when Pacer transferred the equipment to Venco.4 On brief, petitioners argue that even if petitioner did not acquire title to the manufacturing equipment until September 1988, he should be viewed as acquiring beneficial or constructive ownership of the equipment in the fall of 1987. The facts indicate otherwise. Petitioners’ Federal income tax returns state that the manufacturing equipment depreciated on those returns was acquired by petitioners on July 1, 1988.5 The record does not show that petitioner assumed any economic obligations with regard to the equipment in the fall of 1987. Nor does the record credibly establish that petitioner’s involvement with the equipment before September 1988 was other than in his capacity as shareholder and manager of Pacer, which 4 The testimony of Stan Rowe and the affidavit of John Ford, upon which petitioners also rely, merely indicate that work occurred on the Ford order in late 1987 and early 1988, and do not establish that petitioner owned the manufacturing equipment at those times. 5 On brief, petitioners suggest that they reported acquiring the equipment on July 1, 1988, because they were using the half- year convention provided under sec. 1.167(a)-11(c)(2)(iii), Income Tax Regs. Petitioners’ explanation, however, is inconsistent with their argument that they acquired the equipment in 1987.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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