- 26 - the applicable statutes permitting those deductions. See New Colonial Ice Co. v. Helvering, 292 U.S. 435 (1934); Karme v. Commissioner, 673 F.2d 1062, 1065 (9th Cir. 1982), affg. 73 T.C. 1163 (1980). Issue 1. Depreciation Deductions Claimed by the Seven Cattle- Breeding Partnerships in the Instant Cases Section 167 generally allows as a depreciation deduction a reasonable allowance for exhaustion and wear and tear of property used in business or of property held for the production of income. The person who bears the economic loss of invested capital resulting from the exhaustion and wear and tear of business property or property held for the production of income is the one entitled to the depreciation deduction. See Helvering v. F. & R. Lazarus & Co., 308 U.S. 252, 254 (1939). In the instant cases, petitioners and respondent recognize that for DF #1, SGE 82-1, DGE 84-3, SGE 84-5, DGE 86-2, TBS 89-1, and TBS 90-1 to be entitled to their claimed depreciation and other deductions, each partnership must be the owner for tax purposes of the specific numbers of breeding cattle that it allegedly purchased and placed in service during the years in issue. Respondent raises no contention that each partnership was in an activity not engaged in for profit. Although respondent has not asserted that each partnership’s transaction was a sham, the parties disagree to some extent with respect to the transactions’ economic substance. They disagree over whetherPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011