- 30 - c. Depreciation The J. Shirleys claimed a deduction for depreciation in the amount of $19,896 on account of property used by them as (and in) their personal residence. Such property constituted part of the rental activity, which Caralan Trust reported as involving the rental of such property to Alexion Trust. Respondent disallowed the whole amount of such depreciation. In pertinent part, section 167 provides: SEC. 167. DEPRECIATION. (a) General Rule.--There shall be allowed as a depreciation deduction a reasonable allowance for the exhaustion, wear and tear (including a reasonable allowance for obsolescence)-- (1) of property used in the trade or business, or (2) of property held for the production of income. * * * * * * * (d) Life tenants and beneficiaries of trusts and estates.–-* * * In the case of property held in trust, the allowable deduction shall be apportioned between the income beneficiaries and the trustee in accordance with the pertinent provisions of the instrument creating the trust, or, in the absence of such provisions, on the basis of the trust income allocable to each. * * * Caralan Trust apportioned 100 percent of the $19,896 depreciation deduction to the J. Shirleys notwithstanding that they received only $13,753 (17.81 percent) of the $77,234 distribution of income made by the Caralan Trust to the J. Shirleys and the J E Shirley Trust (which trust receivedPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011