- 4 - occupied on a rent-free basis are not deductible. Prince Trust v. Commissioner, 35 T.C. 974 (1961). B. Seabrook and Indiana In determining the allocation of basis between land and improvements for Seabrook and Indiana, respondent relied on 1994 city government tax assessment records. Petitioner complains that respondent should have used tax assessment records for the years in which each property was purchased, yet presented neither those records nor any other credible evidence to rebut respondent’s determinations. Petitioner contends that he is entitled to a 15-year recovery period for both Seabrook and Indiana. Respondent contends, and we agree, that the appropriate recovery period for Seabrook, placed in service in 1979, is 20 years (i.e., the midpoint of the Class Life Asset Depreciation System’s asset depreciation range, which is 16-24 years). See Sprint Corp. v. Commissioner, 108 T.C. 384, 400 (1997); sec. 1.167(a)- 11(b)(4)(i), Income Tax Regs.; Rev. Proc. 77-10, 1977-1 C.B. 548. The recovery period for Indiana, placed in service in 1987, is 27.5 years. Sec. 168(c). We also sustain respondent’s determination that petitioner received $3,900 rental income relating to Seabrook.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011