- 97 - Respondent contends, however, that petitioner properly reported the interest income on his return because it was earned on funds he had taken from his corporations and converted to his own dominion and control. In line with our earlier holding that the transfer of funds to the ANB accounts before yearend 1988 constitutes a return of those funds to petitioner’s corporations, it follows that the interest earned on the funds in the ANB accounts in 1988 is not taxable to petitioner. We so hold. Depreciation Issue On his 1988 return, petitioner reported rental income of $10,430 and deducted rental expenses of $19,410 in addition to depreciation of $10,74453 relating to the Lincoln Avenue II property. Respondent determined that petitioner was not entitled to deduct the rental expenses or the depreciation. Petitioner has conceded that he is not entitled to deduct the rental expenses. Petitioner has the burden of proving that he is entitled to the depreciation deduction. Rule 142(a). Petitioner contends that he is entitled to a depreciation deduction of $9,963 relating to the Lincoln Avenue II property. He maintains that he bought the property during 1984 for either $150,000 or $160,000 and that he financed the purchase with a 53 The parties have stipulated that the appropriate depreciation, if any is allowable, is $9,963.Page: Previous 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Next
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