Caralan Trust, et al. - Page 30




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                    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 received                 






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