Alan L. Levitt - Page 17




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         by the general public, is subject to a nonexclusive license, has             
         not been substantially modified, and is not part of the                      
         acquisition of a trade or business (canned software), is not a               
         section 197 asset and is not subject to the lengthy amortization             
         requirement.  Sec. 197(e)(3).  A taxpayer may depreciate canned              
         software by employing the straight-line method with a useful life            
         of 3 years.  Sec. 167(f)(1)(A).  Therefore, petitioner is                    
         entitled to a depreciation deduction for the three items of                  
         software.                                                                    
              Otherwise, we sustain respondent’s determination as to the              
         remaining amount for office expenses.                                        
                   8.  Rent                                                           
              Petitioner deducted $4,320 for rent of an office and storage            
         space for records.  Respondent concedes that petitioner                      
         substantiated $1,387 for office rent.  Petitioner provided                   
         canceled checks of $3,070 for office rent.  Petitioner is                    
         entitled to a deduction of $3,070 for office rent.                           
              Petitioner presented canceled checks payable to Public                  
         Storage.  The first check of January 10, 1994, was drawn from                
         BHSMM’s checking account.  The remaining checks were from BHTC’s             
         checking account.  Petitioner testified that he rented a public              
         storage lot to store documents related to BHTC.  The Court is                
         unable to determine whether the storage unit was related to                  
         BHTC’s trade or business.  We do not find petitioner’s                       






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