Sandra J. Brannon - Page 10




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          pairs of male and female) were purchased by petitioner's father             
          for either $28,000 or $28,500.  Petitioner contends that she                
          purchased a one-fourth interest in the four emus from her father            
          and claimed a depreciation deduction of $1,036 on her 1993 income           
          tax return with respect to that interest.  Respondent disallowed            
          the deduction on the ground that there was no evidence that                 
          petitioner had purchased any interest in the emus from her                  
          father.  Respondent, therefore, determined that petitioner did              
          not have a basis in the asset; therefore, petitioner could not              
          claim a depreciation deduction.                                             
               There was no bill of sale offered into evidence to reflect             
          the purchase of a one-fourth interest in the emus by petitioner.            
          Petitioner's father agreed that no monetary consideration was               
          paid to him by petitioner; however, he stated that petitioner was           
          obligated to pay for her interest in the birds by taking care of            
          them.  No promissory note or other evidence of indebtedness was             
          executed by petitioner.  There was some reference at trial to a             
          letter prepared by petitioner's father that stated that                     
          petitioner would pay the interest on an indebtedness, but the               
          document admittedly failed to state that petitioner was liable              
          for the principal.  The document was not offered into evidence,             
          nor was any documentary evidence presented to reflect what time             
          or care petitioner expended on the emus.                                    
               Under section 167(c), the basis for the deduction for                  





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