Michael and Calvineta Byard - Page 6




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          claimed receipts and expenses from their janitorial cleaning                
          business, petitioners left blank line 13 of that form, entitled             
          “Depreciation and section 179 expense deduction”.  They did not             
          file with their 2003 return Form 4562, Depreciation and                     
          Amortization (Including Information on Listed Property), which              
          the Commissioner has designed for taxpayers wishing to expense,             
          rather than depreciate, qualifying section 179 property.  See               
          Visin v. Commissioner, T.C. Memo. 2003-246, affd. 122 Fed. Appx.            
          363 (9th Cir. 2005).                                                        
               At trial, petitioners presented a reproduced document that             
          they allege was attached to their original 2003 return.                     
          Respondent has no record of receiving the document, and it was              
          not attached to the 2003 return that respondent received from               
          petitioners.  The typewritten document bears Wilson’s name and              
          contact information and states:                                             
               2003 Supporting Schedule Form 2106 -                                   
               Line 2 $24,000 represents section 179 expense deduction                
               for use of 2003 Yukon in janitorial business.  This                    
               vehicle replaced truck previously used 100% in                         
               business.  [Reproduced in its entirety.]                               
          The document does not include petitioners’ names, Social Security           
          numbers, or any other form of taxpayer identification.  The                 
          document does not include the vehicle’s original cost.  The                 
          document appears to be something prepared in response to an audit           
          inquiry, and we are not persuaded that it was a part of the filed           
          return.  There was no disclosure regarding the SUV or section 179           






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