- 15 - tions is misplaced. Section 25.2511-1(c)(1) and (g)(1), Gift Tax Regs., deal only with the Federal gift tax and do not support petitioners’ position that for Federal income tax purposes they are entitled to the depreciation deductions that they are claim- ing with respect to the computer simulator. Assuming arguendo that any gift of the computer simulator by SDC to TGC were to be treated as a gift of that simulator to petitioners for Federal gift tax purposes, it does not follow that petitioners, as the stockholders of TGC, are entitled to depreciation deductions for Federal income tax purposes with respect to that simulator. A stockholder: is not usually entitled to a depreciation deduction for property owned by his corporation because he has no direct economic interest or investment in the property. * * * Where the corporation is the owner of the prop- erty and uses it in its business, the corporation, not the stockholders, is entitled to the depreciation deduction. Hunter v. Commissioner, 46 T.C. 477, 490 (1966). On the record before us, we find that, assuming arguendo that we were to accept petitioners’ arguments that SDC trans- ferred the computer simulator to TGC by gift and that any such gift to TGC represented a gift for Federal gift tax purposes to petitioners as the stockholders of TGC, petitioners have failed to establish that they are entitled for the taxable years at 5(...continued) set forth below to their reliance on sec. 25.2511-1(c)(1) and (g)(1), Gift Tax Regs.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011