Estate of Haines B. Gaffner - Page 10




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          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).                                        





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