Ilija and Branka Mitic - Page 22




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            361 (1975); sec. 1.165-1(d)(2), Income Tax Regs.                                           
                  Based on our examination of the entire record before us, we                          
            find that Mr. Mitic has failed to establish that under section                             
            1.165-1(d)(1) and (2), Income Tax Regs., petitioners sustained                             
            any loss in 1994 with respect to Mr. Mitic’s Mercedes.  We                                 
            further find on that record that Mr. Mitic has failed to show                              
            that petitioners are entitled to the casualty loss deduction                               
            claimed in the 1994 joint return.  Consequently, we sustain                                
            respondent’s determination disallowing that claimed deduction.                             
            Claimed Depreciation Deduction                                                             
                  In the 1994 joint return, petitioners claimed a depreciation                         
            deduction for the entire year with respect to the Geo that                                 
            petitioners acquired from their son in December 1994.  Respondent                          
            disallowed that deduction.  Mr. Mitic makes no argument on brief                           
            with respect to the depreciation deduction that petitioners                                
            claimed for 1994 with respect to the Geo.                                                  
                  Section 167(a) allows a deduction for depreciation with                              
            respect to property used in a trade or business or held for the                            
            production of income.  Based on our examination of the entire                              
            record before us, we find that Mr. Mitic has failed to establish                           
            that during 1994 petitioners used the Geo in a trade or business                           
            or held it for the production of income.9  We further find on                              


                  9Mr. Mitic conceded at trial that petitioners kept no mile-                          
            age log, calendar, or other documentation to show that the Geo                             
                                                                         (continued...)                





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