- 35 - petitioner’s secretary. Petitioner has failed to show any business necessity for it to spend anything (much less $310) for two meals for two persons so that the Duquettes, who were married, lived together, and, as petitioner would have it, worked together, could discuss the affairs of Norman’s one-man corporation. See Moss v. Commissioner, 758 F.2d 211, 213 (7th Cir. 1985), affg. 80 T.C. 1073 (1983); see also Dugan v. Commissioner, T.C. Memo. 1998-373. V. Automobile Depreciation On the 1994 tax return, petitioner deducted depreciation of $2,550, which it explained as being with respect to an automobile placed in service on June 17, 1992, costing $15,884, used 100 percent for business, and driven 12,000 miles on business during the 1994 tax year (the automobile). Respondent disallowed that deduction, explaining that petitioner had failed to establish the cost of the automobile, that it was depreciable, and that it was used in a trade or business. On brief, petitioner claims: The company car was driven 12,000 business miles in FY94 which included a househunting trip from Dallas to Naples [Florida] in December 1993, a one way trip to Florida in April 1994 incident to the relocation, and a trip from Dallas to Phoenix in January 1994 for consulting. * * * These three trips account for 6,100 of the 12,000 business miles in FY 94. The balance of the business miles (5,900) is an average of 113 miles per week for travel to business meetings, post office, banks, and other incidental business activity.Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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