Kenneth Andrew Baratelle - Page 12




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               Charges:                                                               
               07/22       Shelves & Cabinets          377.10                         
               07/29       ADV Computer Systems   2,321.76                            
               08/04       Service Merchandise         140.00                         
               08/16       Office Depot                5.38                           
               08/16       Office Depot                345.00                         
               09/26       Office Depot                16.13                          
               Items purchased in 1993:                                               
                           Ken Crane                   652.95                         
                           Wickes                    705.00                           
                           Total             $10,725.81                               

               The parties agree that petitioner is entitled to deduct, as            
          section 179 expenses, the items listed as “Charges” above, the              
          cost of which totals $3,205.37.                                             
               With respect to furniture purchased from Wickes totaling               
          $705, the record shows that the furniture was purchased in 1993.            
          Petitioner did not begin his consulting business until 1994.                
          Section 179(d)(1) provides that the property must be acquired by            
          purchase for use in the active conduct of a trade or business.              
          Since petitioner was not engaged in his consulting business                 
          during 1993, the purchase price of the furniture is not                     
          deductible under section 179.  See Reynolds v. Commissioner, T.C.           
          Memo. 2000-20.  Respondent conceded, however, that petitioner is            
          entitled to a depreciation deduction of $121 for his Wickes                 
          furniture (basis--$705, salvage–$100, useful life--5 years).                
               Petitioner also claimed a section 179 deduction for the cost           
          of a television, television stand, and VCR.  Petitioner conceded            





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