Robert E. and Yvonne R. Kovacevich - Page 11

                                       - 11 -                                         
          280F, which limits the deduction of luxury automobiles, they are            
          entitled to a $1,417 deduction relating to 1994.                            
               Petitioners bought the Rolls Royce for $27,000 in 1984 and             
          placed it in service that year.  Once placed in service                     
          depreciation continues until the cost basis of the property has             
          been either recovered through previously allowed or allowable               
          depreciation deductions or the property is retired from service             
          (i.e., sold, abandoned, or destroyed).  Sec. 1.167(a)-10, Income            
          Tax Regs.; Rev. Proc. 87-57, sec. 2.05, 1987-2 C.B. 687, 688.               
          Petitioners’ automobile was not retired from service prior to the           
          years in issue.  Thus, pursuant to section 280F(a), the                     
          automobile would have been fully depreciated well before                    
          petitioners filed their 1994 return, on which they deducted the             
          $1,475.  Sec. 280F(a)(2)(B)(iv); sec. 1.167(a)-10(a), Income Tax            
          Regs.  Accordingly, their deduction is disallowed.  Because                 
          petitioner is an employee of Western, we also hold that the                 
          $39,000 expense is deductible as a miscellaneous itemized                   
          deduction.  Sec. 67(a).                                                     
          VI. Penalties                                                               
               Section 6662(a) imposes a 20-percent accuracy-related                  
          penalty on the portion of an underpayment of tax which is                   
          attributable to a taxpayer’s negligence or disregard of rules or            
          regulations.  Sec. 6662(b)(1).  Section 6664(c)(1) provides that            
          no penalty shall be imposed if it is shown that there was                   






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011