Tibor Guenther Horwath and Christel Horwath - Page 15

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          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.                                                      





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