Jesse Emmit and Marjorie A. Rupert - Page 10




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          depreciation was claimed or allowable before 1991.  No evidence             
          contradicted petitioner’s testimony.  Accordingly, there is                 
          sufficient and credible evidence in the record to establish that            
          petitioners’ basis in the rental home was $39,000 as of 1991.               
               We find that the property was held for the production of               
          income during 1996 and that it was placed in service in 1991.               
          Our findings are supported by petitioner’s uncontroverted                   
          testimony reflecting his intent to rent or sell the property                
          during 1996 and by the fact that it was rented during prior                 
          years.  Respondent argues that the rentals and income reported              
          from the property were received from a person related to                    
          petitioners.  That fact, standing alone, does not show that the             
          rental activity was not bona fide or that no profit was intended.           
          There has been no evidence of petitioners’ personal use after               
          1985.  There has been no showing that the rentals were not at               
          arm’s length or that the amounts received were not based on fair            
          rental rates.                                                               
               Finally, respondent argues that petitioners must use a 27.5-           
          year life in accord with MACRS.  Respondent admits that                     
          manufactured homes were treated under ACRS as having a 10-year              
          life.  Sec. 168(h)(3) (before the Tax Reform Act of 1986 (TRA),             
          Pub. L. 99-514, 110 Stat. 2085).  However, TRA sections 201, 203,           
          and 211, 100 Stat. 2122-2123, 2143, established a 27.5-year life            
          under MACRS for this type of property if it was placed in service           






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