David D. Brayshaw and Nora D. Brayshaw - Page 13




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          Sec. 195(a).  An exception to this general rule is made in the              
          case of research and experimental expenses, which may be                    
          currently deductible under section 174(a) even before the advent            
          of an active trade or business.  Sec. 195(c); Snow v.                       
          Commissioner, 416 U.S. 500 (1974).                                          
               We find that the majority of the expenses incurred in                  
          connection with the yacht are not deductible expenses, but rather           
          are nondeductible personal expenses.  See sec. 262(a).  Mr.                 
          Brayshaw’s research essentially entailed using the boat to drift            
          around the bay while taking measurements using global positioning           
          equipment.  It is doubtful that the use of a 34-foot yacht was              
          necessary in making these measurements.  More importantly,                  
          however, we do not accept petitioners’ assertion that they used             
          the yacht exclusively for business purposes during the entire               
          year, never deriving any personal use therefrom.  In the absence            
          of any contemporaneous substantiation of both the research and              
          personal use of the boat, we hold that the interest paid in                 
          connection with the yacht (presumably for a purchase money loan),           
          the cost of insuring the yacht, the cost of the yacht’s usual               
          berth, and the costs of repairing and maintaining the yacht are             
          not deductible.  See sec. 274(d).  Likewise, without addressing             
          petitioners’ attempt to establish a basis in the yacht,                     
          petitioners are not entitled to depreciation deductions for the             
          yacht.  See id.                                                             






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