Oliver W. and Edna D. Wilson - Page 40




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          (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 from               






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