- 5 -
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
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 10, 2007