- 18 - 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 tangiblePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011