- 12 - for a new box for his truck; the box was not delivered or placed in service until 1994. Petitioner has failed to prove that respondent’s determination for 1993, as adjusted, is erroneous. In 1994, one of petitioner’s drivers, Raymond Whitmore, was in an accident with petitioner’s truck. The truck rolled over and required extensive repairs. Also in 1994, petitioner paid the balance of the cost of the new truck box ordered in 1993. Petitioner submitted documentation to respondent of $46,067 to substantiate repair expenses of $30,917 claimed on his 1994 return. The documentation as to $1,863 of the expenses failed to substantiate the business purpose of the expense. Of the remaining documentation, respondent determined that $25,328 was for capital expenditures subject to depreciation; that is, the remaining purchase price of the box ordered in 1993 and delivered in 1994 and the cost of repairing petitioner’s truck after the accident.4 Petitioner offered no credible evidence to demonstrate that respondent’s determination to capitalize the cost of the truck box was in error. Consequently, we sustain respondent on this part of his adjustment to petitioner’s repair expense deduction. We reach a different conclusion regarding respondent’s 4According to respondent’s brief, the repair adjustment was calculated as follows: $46,067 submitted, minus $1,863 not substantiated, minus $25,328 capitalized, equals $18,876 allowed. The $30,917 claimed on the return, minus $18,876 allowed, equals an adjustment of $12,041.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011