Christopher K. and Brenda M. Cox, et al. - Page 17




                                       - 17 -                                         
          II. Corporate Automobile                                                    
               Respondent determined that the prorated annual lease value             
          of the corporate automobile furnished to Deborah during 1994 and            
          1995 constituted additional gross income to Deborah in each of              
          those years.  Deborah concedes that the automobile’s prorated               
          annual lease value constituted income to the extent that she used           
          the automobile for personal reasons and did not pay for such                
          personal use.  Deborah contends, however, that the automobile’s             
          prorated annual lease value did not constitute income to the                
          extent the automobile was used for business purposes and to the             
          extent she compensated Cox Tomato for her personal use of the               
          automobile.  Deborah, however, has cited no provision of the                
          Internal Revenue Code in support of her argument.                           
               Section 61(a)(1) provides that gross income includes fringe            
          benefits such as employer-provided automobiles.  Sec. 1.61-                 
          21(a)(1), Income Tax Regs.  Absent a statutory exclusion, section           
          61(a)(1) requires that Deborah’s gross income include the full              
          annual lease value of the automobile, prorated for the portion of           
          the calendar year in which the automobile was available to                  
          Deborah.  Sec. 1.61-21(d)(1)(i), Income Tax Regs.  The parties              
          agree that the prorated annual lease value of the automobile is             
          $6,458 for 1994 and $7,750 for 1995.  Sec. 1.61-21(d)(2),                   
          (4)(i)(A) and (B), and (5)(i), Income Tax Regs.                             








Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011