- 13 - trade or business within the meaning of section 167(a)(1). See Steen v. Commissioner, 508 F.2d 268, 270 (5th Cir. 1975), affg. 61 T.C. 298 (1973). Nor have petitioners asserted or established that they otherwise held the manufacturing equipment for the production of income within the meaning of section 167(a)(2). Cf. Yanow v. Commissioner, 44 T.C. 444, 450-451 (1965), affd. 358 F.2d 743 (3d Cir. 1966). Even if we were to assume arguendo that petitioners were in the trade or business of manufacturing vending machines during the years at issue, they have failed to substantiate their entitlement to the depreciation or other business deductions claimed. To substantiate entitlement to depreciation deductions, petitioners must establish, among other things, the property’s depreciable basis. See Delsanter v. Commissioner, 28 T.C. 845, 863 (1957), affd. in part and remanded on another issue 267 F.2d 39 (6th Cir. 1959). Petitioners have failed to do so. On their Federal income tax returns for the years in issue, petitioners reported depreciable basis in the manufacturing equipment that fluctuated erratically from year to year.7 On brief, petitioners now claim smaller amounts of 7 For taxable year 1988, petitioners reported opening adjusted basis of zero, an increase in basis during the year of $45,000, and their amount at risk as $45,000. For taxable year 1989, petitioners reported opening adjusted basis of $614,000, a decrease in basis of $505,631, and their amount at risk as $108,639. For taxable year 1990–-the year in which NAC (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011