Steven K. Han - Page 106





                                       - 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.                               





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