Earl E. Cloud, Jr. and Sheila S. Cloud - Page 13




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          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...)           





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