Norman E. Duquette, Inc. - Page 37




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          driven 12,905 total miles without any breakout of business miles            
          that would justify a depreciation deduction for that year.                  
               Only the business purpose of the trip to Phoenix is                    
          adequately substantiated by (1) a copy of the expense report                
          submitted to the law firm, (2) the travel expense analysis                  
          prepared by Norman, which lists the cost of that trip as one of             
          Norman’s travel expenses for the audit year, and (3) the parties’           
          stipulation that all travel expenses that pertain to clients of             
          the law firm were reimbursed in full by that firm (which we                 
          assume that petitioner included in gross income).  The expense              
          report submitted by Norman to the law firm states that the round            
          trip covered 2,160 miles, which is 16.7 percent of the total                
          mileage (12,905 miles) for the 1994 tax year.                               
               Because we find that the percentage of business use of the             
          auto during the audit year was less than 50 percent, depreciation           
          for the year is limited to straight line over a 5-year period, as           
          opposed to declining balance over a 3-year period as shown on the           
          Form 4562, Depreciation and Amortization, attached to the 1994              
          return.  See secs. 280F(b)(1), 168(g)(2)(A) and (3)(D).                     
          Depreciation is deductible only to the extent of business use.              
          D’Angelo Associates, Inc. v. Commissioner, 70 T.C. 121, 138                 
          (1978); L&L Marine Serv. Inc. v. Commissioner, T.C. Memo. 1987-             
          428.  Therefore, the correct automobile depreciation deduction              








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