Thomas C. Sandoval, Jr. and Bobbie J. Sandoval - Page 20

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               Petitioners point out that petitioner filed a certificate of           
          assumed name for “TGR” without including Burnett’s name and                 
          contend that this shows that Burnett and petitioner were not                
          partners in TGR II.  We disagree.  This fact is not enough to               
          convince us that petitioner and Burnett did not use condemnation            
          proceeds to pay for an interest in the partnership known as TGR             
          II which in turn bought and owned the Warfield Drive property.              
          Also, the assumed name certificate does not affect TGR II because           
          petitioner and Burnett created the TGR II partnership after                 
          petitioner filed the assumed name certificate.                              
               We conclude that petitioners acquired an interest in TGR II            
          and that the Warfield Drive property was an asset of TGR II, not            
          an asset owned as tenants in common by the joint venturers.                 
          Thus, the Warfield Drive property does not qualify as replacement           
          property for the Hoefgen Avenue property under section 1033.                
          D.   Whether the Placed-In-Service Date for a Vehicle Is the Date           
               Acquired or the Date Used in Business                                  
               The parties disagree about when petitioner placed five                 
          vehicles in service for depreciation purposes.  Petitioners                 
          contend that the placed-in-service date for each vehicle is the             
          date petitioner began using the vehicle in his business.  We                
               Generally, an asset is placed in service for depreciation              
          purposes when it is acquired and available for use in business              
          even if it is not actually used in the business.  See Sears Oil             

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