Nicholas M. Romer - Page 18




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          1957-129; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986);                  
          Shackelford v. Commissioner, T.C. Memo. 1994-271.                           
               In sum, although petitioner was intimately familiar with the           
          substantiation requirements of the Tax Code, he chose not to keep           
          adequate records of alleged fuel expenditures that went unclaimed           
          on his Federal tax returns as filed and that he claims now to               
          offset gross income that he concedes he improperly omitted from             
          his Federal tax returns.  Petitioner has failed to adequately               
          substantiate the unagreed aviation fuel expenses.                           
               2.   Depreciation on Petitioner’s Aircraft                             
               In February 1991, petitioner purchased a King Air-N623R                
          aircraft (King Air) for $225,000 and subsequently placed it in              
          service.  On his 1991 tax return, petitioner claimed no                     
          depreciation deduction with respect to the King Air.  Petitioner            
          now asserts that he is entitled to depreciation deductions of               
          $53,000 with respect to the King Air, based on an asserted 5-year           
          useful life of the aircraft and the availability of additional              
          $10,000 “first-year depreciation” pursuant to section 179.                  
          Respondent concedes that petitioner is entitled to a 1991                   
          depreciation deduction of $32,153 with respect to the King Air,             
          based on a 7-year class life and the half-year convention under             
          section 168.                                                                
               Section 167(a)(1) allows as a depreciation deduction a                 
          reasonable allowance for the exhaustion, wear and tear of                   
          property used in a trade or business.  Depreciation on tangible             





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