A.J. Concrete Pumping, Inc. - Page 23




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               3.  Automobile Expenses                                                
               Respondent disallowed automobile and truck expenses for the            
          1992, 1993, and 1994 tax years of $3,794, $6,177, and $5,925,               
          respectively.  Respondent disallowed the above-listed amounts               
          because of petitioner’s failure to substantiate that the amounts            
          were expended for business use of automobiles and trucks.                   
          Petitioner did not offer any evidence at trial or present any               
          argument on brief regarding these amounts.  Accordingly,                    
          respondent’s determination on these items is sustained.                     
               4.  Depreciation Deductions                                            
               For the 1992 and 1993 tax years, petitioner depreciated the            
          full cost of vehicles used by shareholders Bone and Guerrero                
          without taking into consideration their personal use of the                 
          vehicles.  Petitioner attempted to justify the full amount of               
          depreciation it claimed on the grounds that the vehicles were               
          required to be available on call 24 hours a day.                            
               Section 167 allows a deduction for the depreciation of                 
          business equipment used in the course of a business or trade.               
          Section 280F, however, reduces the amount of depreciation that              
          can be claimed for passenger automobiles.  Specifically, section            
          280F limits the allowable amount of depreciation to a multiple              
          equal to the percentage of actual business use.  See sec. 1.280F-           
          2T(i), Temporary Income Tax Regs., 49 Fed. Reg. 42707 (Oct. 24,             
          1984).                                                                      






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