Michael A. McGrath and Frances Y. McGrath - Page 10




                                       - 10 -                                         
          tax treatment of the remaining cost of the Improvements, $92,456            
          ($127,067 less $15,872 (furniture, fixtures, and equipment) and             
          less $18,739 (payments made in lieu of rent)).                              
               Also in 1995, petitioners (1) bought cash registers for the            
          Bakery for $3,475, and (2) placed in service a computer (75-                
          percent business usage) in which petitioners had a basis of                 
          $2,865.  Petitioners classified the cash registers and the                  
          computer as 5-year property on their 1995 tax return and claimed            
          depreciation deductions in respect thereof for 1995 and 1996                
          using the 200-percent declining balance method and the midquarter           
          convention over a recovery period of 5 years.  Respondent does              
          not dispute either petitioners’ classification of, or the amount            
          of, claimed depreciation deductions, for either the cash                    
          registers or the computer.                                                  
               In 1996, petitioners bought $5,059 of equipment for the                
          Bakery.5                                                                    

               5  So stipulated.  As we interpret the parties’ stipulation,           
          any part of the $5,059 that petitioners are not allowed to                  
          expense under sec. 179(a) (subject to the limitations of sec.               
          179(b)), discussed infra under II. Section 179 Election, shall be           
          capitalized and depreciated under MACRS as 7-year property, using           
          the 200-percent declining balance method and the midquarter                 
          convention.                                                                 
               However, in the notice of deficiency, respondent determined            
          that on Dec. 30, 1996, petitioners placed in service equipment              
                                                             (continued...)           









Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011