Ronna Joan Robertson - Page 8




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          defined as an ad valorem tax that is imposed on an annual basis             
          in respect of personal property.  Thus, an ad valorem auto                  
          license fee is deductible as a personal property tax, whereas an            
          annual flat registration fee is not deductible.  See sec.                   
          164(a)(2); Mann v. Commissioner, T.C. Memo. 1975-74; sec. 1.164-            
          3(c), Income Tax Regs.  In 1993 and 1994, respectively,                     
          petitioner and/or her family members paid $268 and $207 in fees             
          to the California DMV for the registration and licensing of four            
          different vehicles.  The record does not indicate what portion of           
          these fees was an annual flat registration fee.  Respondent,                
          however, conceded that all of these DMV registration fees are ad            
          valorem taxes.6                                                             
               After respondent’s concession, the only remaining issue                
          regarding these DMV registration fees is whether they were                  
          imposed on petitioner.  Generally, personal property taxes are              
          only deductible by the taxpayer upon whom they are imposed.  See            
          sec. 1.164-1(a), Income Tax Regs.  Thus, in order to be entitled            
          to these deductions, petitioner bears the burden of establishing            
          ownership of the vehicles in question.  See Rule 142(a).  During            
          1993 and 1994, only two of the cars for which petitioner is                 
          attempting to deduct DMV registration fees were actually                    



               6 Petitioner also contends that she is entitled to deduct              
          smog certification expenses and driver’s license renewal fees.              
          These expenses, however, are not ad valorem fees and are                    
          therefore not deductible by petitioner.                                     





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