- 42 - 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.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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