- 20 - property used in business or property held for the production of income. However, land generally is not depreciable because it has no limited useful life and is not subject to exhaustion or obsolescence. Bender v. United States, 383 F.2d 656, 659 (6th Cir. 1967); sec. 1.167(a)-2, Income Tax Regs. In addition, a taxpayer’s cost of obtaining a zoning change for that taxpayer’s land must be capitalized and is not depreciable if the benefits resulting from the zoning change are indefinite and undeterminable in duration. Galt v. Commissioner, 19 T.C. 892, 910 (1953), revd. in part and affd. in part on other issues 216 F.2d 41 (7th Cir. 1954); see Oliver v. Commissioner, T.C. Memo. 1976-145, affd. 553 F.2d 560 (8th Cir. 1977); Ackerman Buick, Inc. v. Commissioner, T.C. Memo. 1973-224. C. The Expert Testimony Petitioners and respondent offered expert testimony. The reports prepared by petitioners’ expert and respondent’s expert were admitted in evidence as their direct testimony. We may reject the testimony of an expert witness, in whole or in part, in the exercise of our sound judgment. Helvering v. Natl. Grocery Co., 304 U.S. 282, 295 (1938); In re Estate of Williams, 256 F.2d 217, 219 (9th Cir. 1958), affg. T.C. Memo. 1956-239.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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