- 10 - issue they had a loan outstanding from Commercial Bank and (2) that during each such year they made an interest payment on any such alleged loan.7 On the record before us, we find that petitioners have failed to carry their burden of showing that they are entitled for the years at issue to the respective interest deductions that they are claiming for such years for alleged interest payments to Commercial Bank. Claimed Depreciation Deduction for 1996 Petitioners contend that they are entitled to deduct for 1996 depreciation of $22,403.18. Respondent concedes on brief they are entitled to deduct for that year $5,295 of depreciation. On the instant record, we reject petitioners’ contention that they are entitled to deduct for 1996 depreciation in excess of the amount conceded by respondent. On the record before us, we find that petitioners have failed to carry their burden of showing that they are entitled to deduct for 1996 $17,108.18 of depreciation in addition to the $5,295 of depreciation for that year to which respondent conceded they are entitled. Claimed Credits for Withholding and Estimated Tax Payments Petitioners contend that they are entitled to the following 7Assuming arguendo that petitioners had established that during each of the years at issue they paid the amount they are claiming as interest on a loan from Commercial Bank, on the instant record, we find that petitioners have failed to establish that any such interest is deductible for each such year. For example, any such interest could have been personal interest that is not deductible under sec. 163(h).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011