Lee G. Gale - Page 42




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          Depreciation Issue                                                          
               Petitioner deducted on his 1992 return depreciation for                
          property placed in service in 1986.  Petitioner indicated on his            
          return that the property had a 5-year class life and was subject            
          to the half-year convention.18  Thus, based on the admissions               
          contained in petitioner’s tax return, the property would have               
          been fully depreciated in 1991.                                             
               At trial, petitioner claimed that his accountant made a                
          mistake, because the property should have had a 7-year class life           
          rather than a 5-year class life.  Petitioner introduced no                  
          evidence to support his contention that the property should have            
          had a 7-year class life rather than a 5-year class life and no              
          evidence that he had not recognized depreciation deductions                 
          totaling the full cost of the property in previous years.  See              
          sec. 1016(a)(2) (basis reduced by all depreciation allowed, but             
          not less than amount allowable).  Petitioner therefore failed to            
          substantiate his deduction for depreciation, and the deduction is           
          disallowed.                                                                 
          Unreported Income Issue                                                     
               Every individual liable for tax is required to maintain                
          books and records sufficient to establish the amount of his or              


               18 The convention that petitioner applied to depreciate his            
          computer is not clear from the record.  However, as 5-year                  
          property depreciated using the straight-line method, the computer           
          should also have been fully depreciated by no later than 1991.              





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