- 37 - 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 deductionPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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