Umit Tarakci - Page 24




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               Petitioner testified that he borrowed money from Dr. West to           
          support the formation and business affairs of Cilena.  Petitioner           
          also presented documentary evidence and credible testimony with             
          respect to his purchases of the rental equipment.  However,                 
          petitioner’s continuous insistence that he still owns the rental            
          equipment is inconsistent with the evidence in the record.13                
          Petitioner has failed to present sufficient evidence to prove the           
          period of time he owned the rental equipment in 1993.  Petitioner           
          presented a depreciation schedule, a schedule of expenditures               
          related to the equipment, the equipment lease, and his 1993 tax             
          return as support for his depreciation deduction, but he did not            
          adequately link the documents to provide a coherent basis upon              
          which to determine an appropriate deductible amount.  Petitioner            
          did not provide evidence establishing that any of the                       
          depreciation claimed was related to the portable clean room.                
          Accordingly, we hold that petitioner has not provided sufficient            
          evidence for us to estimate the amount of depreciation; as a                


               13Petitioner contends that he is still the legal owner                 
          because Mr. Cotter never fulfilled the conditions prescribed by             
          the Form UCC-1 Financing Statement.  Petitioner represented in              
          the Settlement Agreement that he was no longer the owner of the             
          rental equipment.  The Form UCC-1 Financing Statement was                   
          required as security for Mr. Cotter’s indemnity obligation to               
          petitioner for Aeternum liabilities assumed by Mr. Cotter.  The             
          Form UCC-1 Financing Statement evidences only a security                    
          interest, not an ownership interest, and petitioner has not                 
          established that Mr. Cotter failed to fulfill his obligations               
          under the Settlement Agreement.  See Cal. Com. Code sec. 9302               
          (West 1990); see also Waddell v. Commissioner, 86 T.C. 848, 858             
          (1986), affd. 841 F.2d 264 (9th Cir. 1988).                                 





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