Alan L. Levitt - Page 15




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         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.                       





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