Hugh G. and Norma J. King - Page 22

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          the building shell.  Mr. King said it cost about $350,000 to                
          repair the building and an additional $300,000 to finish it.                
               Petitioners testified that they had records of these                   
          improvements, but they did not produce them or explain why they             
          did not.  Mrs. King testified that they received an insurance               
          reimbursement when the building was partially destroyed, but she            
          did not remember the amount or the year that they received it.              
               Petitioners contend that their basis in the Ross Clark                 
          building includes $350,000 in damages from the windstorm.                   
          However, Mrs. King testified that they received an insurance                
          reimbursement for their expenses of repairing the partially                 
          destroyed building shell.  The cost of the building ($500,000 for           
          the shell and $300,000 for improvements) totals $800,000, which             
          is the adjusted basis respondent determined.  Petitioners have              
          not shown that their adjusted basis exceeds this amount.                    
               3.   Whether, Under the Mitigation Provisions (Sections                
                    1311-1314), Petitioners May Deduct More Depreciation              
                    for the South Oates Building Than Respondent Allowed              
               Petitioners contend that they did not deduct all allowable             
          depreciation for the South Oates building from 1990-96.                     
          Petitioners contend that, under the mitigation provisions                   
          (sections 1311-1314), they may (1) deduct more for depreciation             
          for the South Oates building in 1995-96 than respondent allowed,            
          and (2) amend their tax returns for 1990-94 or otherwise use                
          their unclaimed depreciation deductions from those years.                   






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