- 14 -
produced a receipt for the computer evidencing the amount and
date of purchase. However, petitioner did not establish the
extent of the personal versus business use of the computer. Sec.
1.274-5T(c)(2)(ii)(C), Temporary Income Tax Regs., 50 Fed. Reg.
46014 (Nov. 6, 1985).3 Therefore, petitioner is not entitled to
depreciate the Apple Macintosh LC III computer.
Petitioner provided canceled checks and a receipt for
furniture purchased in 1994. Petitioner testified that he
purchased the furniture for use in his waiting room. Petitioner
purchased an armoire for $106.99 and chairs for $240.74.
Petitioner is entitled to a depreciation deduction for these
expenses.
As to the items purchased prior to 1994, petitioner did not
produce documents or other evidence. We do not find petitioner’s
unsupported self-serving testimony and document to be credible.
Niedringhaus v. Commissioner, 99 T.C. 202, 219-220 (1992);
Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). We sustain
respondent’s determination as to the items purchased prior to
petitioner’s 1994 tax year.
6. Legal and Professional Expenses
Petitioner deducted $425 for legal expenses. Petitioner did
not have any records regarding this deduction. Petitioner
3 In addition, petitioner failed to establish that the use
of the computer was related to his trade or business.
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: May 25, 2011