- 40 - (8th Cir. 1985). Depreciation is not allowed on an asset acquired for a business that has not yet begun operations. Piggly Wiggly S., Inc. v. Commissioner, supra at 745. A. 5401-9 S. Broadway Property Depreciation Expenses The 5401-9 S. Broadway property building has a total floor area of approximately 27,000 square feet, or 13,500 square feet per floor. For 1992 and 1993, petitioners’ accountant calculated depreciation deductions with respect to the entire building. The parties, however, have stipulated for purposes of this case that, from 1990 through 1993, the second floor of the building was still under construction and that no business or rental activity was conducted there during 1992 and 1993. Although petitioners contend that the entire first floor at one time had been held out by petitioner for rent, by the end of 1990, petitioner had decided to convert and use a space of approximately 6,000 square foot as a Bluesroom. Neither the Bluesroom nor the 5-4 Ballroom was used by petitioners in a Schedule C trade or business or in a Schedule E rental activity during 1992 or 1993. Respondent concedes that 25 percent of the building was used for rental purposes during 1991, 1992, and 1993. We consider respondent’s estimate of the portion of the building petitioner used for rental purposes to be reasonable. Together, the 5-4 Ballroom and the Bluesroom (which petitioner had removed fromPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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