Tibor Guenther Horwath and Christel Horwath - Page 22

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          affd. 893 F.2d 656 (4th Cir. 1990).                                         
               The record establishes that petitioners used the estimated             
          replacement cost for the computer simulator in determining the              
          respective depreciation deductions claimed with respect to that             
          simulator in petitioners’ 1997 return and petitioners’ 1998                 
          return.  The record also establishes that petitioners took a                
          deduction for Mr. Horwath’s 1998 travel expenses in petitioners’            
          1998 return even though Mr. Horwath was entitled to a reimburse-            
          ment by TGC for such expenses, which he chose not to claim.                 
               With respect to the respective depreciation deductions                 
          relating to the computer simulator that petitioners claimed in              
          petitioners’ 1997 return and petitioners’ 1998 return, assuming             
          arguendo that petitioners were not negligent in claiming that               
          they, as the stockholders of TGC, were entitled to such deprecia-           
          tion deductions, the basis that they claimed in Form 4562 relat-            
          ing to Mr. Horwath’s 1997 Schedule C in determining those depre-            
          ciation deductions, namely, the estimated replacement cost of               
          that computer simulator, has no support in the Code, the regula-            
          tions, or the caselaw.  See secs. 167(c), 1011, 1012; secs.                 
          1.167(a)-1(a), 1.1011-1, 1.1012-1(a), Income Tax Regs.; Meredith            
          Corp. & Subs. v. Commissioner, 102 T.C. 406, 423 (1994); Dumont-            
          Airplane & Marine Instruments, Inc. v. Commissioner, 28 T.C. 1308           
          (1957).                                                                     
               With respect to the deduction for Mr. Horwath’s 1998 travel            






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