Alan L. Levitt - Page 14




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         any documents to support his vague and illusory testimony.  We               
         sustain respondent’s determination.                                          
                   4. Commissions and Fees                                            
              Petitioner deducted $1,194 for commissions and fees.  At                
         trial, petitioner testified that he paid clients referral fees               
         for new clients.  Petitioner did not present any documents or                
         other evidence as to this deduction.  Petitioner failed to                   
         provide the Court with evidence sufficient to establish a                    
         rational basis upon which an estimate can be made.  We sustain               
         respondent’s determination.                                                  
                   5. Depreciation                                                    
              Petitioner deducted $2,403 for depreciation.  Petitioner did            
         not attach a Form 4562, Depreciation and Amortization, to his                
         Federal income tax return.  At trial, petitioner submitted a list            
         entitled “Schedule C Depreciation”.  Petitioner depreciated two              
         computers, a laser printer, a calculator, a fax machine, various             
         pieces of furniture, and a Mercedes.  For the reasons previously             
         stated, petitioner is not entitled to a depreciation deduction               
         for his Mercedes.                                                            
              Of the items listed on the schedule, only some of the                   
         furniture and one of the computers, an Apple Macintosh LC III,               
         were purchased in 1994.  A computer is a listed property under               
         section 280F(d)(4)(iv), and a taxpayer must meet the strict                  
         substantiation requirements of section 274(d).  Petitioner                   






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