Tibor Guenther Horwath and Christel Horwath - Page 24

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          estimate of the replacement cost of the computer simulator was              
          reasonable.  On the record before us, we reject petitioners’                
          argument.  Petitioners were in a unique position to know SDC’s              
          cost of, and thus its basis in, the computer simulator.  That is            
          because they, acting on behalf of TGC, designed and constructed             
          that simulator and carried out the other work that TGC performed            
          for SDC under the 1992 contract.  Assuming arguendo that peti-              
          tioners were not negligent in claiming that they, as the stock-             
          holders of TGC, were entitled to the respective depreciation                
          deductions in petitioners’ 1997 return and petitioners’ 1998                
          return, on the record before us, we find, for the reasons set               
          forth above in our discussion of the basis under section 167(c)             
          on which a taxpayer may claim a depreciation deduction, that                
          petitioners did not have reasonable cause for, or act in good               
          faith in, using the estimated replacement cost of the computer              
          simulator in calculating such depreciation deductions.                      
               Petitioners advance no argument that they had reasonable               
          cause for, or acted in good faith in, claiming a deduction for              
          Mr. Horwath’s 1998 travel expenses in petitioners’ 1998 return.             
          In any event, petitioners knew that Mr. Horwath was entitled to a           
          reimbursement by TGC for Mr. Horwath’s 1998 travel expenses and             
          that Mr. Horwath chose not to be reimbursed by TGC for such                 
          expenses.  On the record before us, we find that petitioners have           
          failed to establish that they had reasonable cause for, or acted            






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