Tibor Guenther Horwath and Christel Horwath - Page 17

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          exhaustion, wear and tear, and obsolescence are to be allowed in            
          respect of any property shall be the adjusted basis provided in             
          section 1011".  As pertinent here, section 1011(a) defines the              
          term "adjusted basis" as the basis determined under section 1012,           
          adjusted as provided under section 1016, and section 1012 pro-              
          vides that the basis of property is its cost.  Section 1016(a)(2)           
          provides in pertinent part that adjustments in respect of prop-             
          erty shall be made, inter alia, to the extent of the amount of              
          depreciation deductions allowed for that property.  Section                 
          1015(a) provides in pertinent part that if “property was acquired           
          by gift after December 31, 1920, the basis shall be the same as             
          it would be in the hands of the donor”.                                     
               Assuming arguendo (1) that SDC transferred the computer                
          simulator to TGC by gift, (2) that any such gift is treated as a            
          gift to petitioners for purposes of determining petitioners’                
          entitlement for the taxable years at issue to depreciation                  
          deductions with respect to that simulator, and (3) that petition-           
          ers’ basis in the computer simulator under section 1015(a) is               
          SDC’s cost of, and thus its basis in, that simulator, we must               
          determine SDC’s cost of that simulator.                                     
               Petitioners contend that SDC’s cost of the computer simula-            
          tor is the amount that SDC paid to TGC pursuant to the 1992                 
          contract (i.e., $1,049,117).  On the record before us, we reject            
          that contention.  SDC paid $1,049,117 to TGC pursuant to the 1992           
          contract for all of the work that TGC performed under that                  





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