- 7 - etc., for 2001 reported petitioner’s distributive share of KCP losses was $31,689.7 Petitioner deducted his share of the losses on his 2001 Federal income tax return. From 1990 through 2003, KCP did not generate a profit. E. The Audit In July 2004, respondent began the audit of petitioner’s 2001 return. Respondent requested documentation from petitioner: (1) Establishing that he owned the medical equipment including purchase invoices, settlement sheets, and receipts; (2) substantiating the medical equipment’s FMV and depreciable basis; (3) identifying bank accounts used in his medical equipment rental business including the bank account records; and (4) substantiating his adjusted basis in KCP. To substantiate his basis in the medical equipment, petitioner provided a handwritten depreciation schedule for the medical equipment titled “Depreciation 2005”8 with no supporting documentation other than a copy of the promissory note for the loan from Farmers Bank. Petitioner also provided a Form 1099- MISC, Miscellaneous Income, for 2001 from KCPI indicating it had paid $16,662 to petitioner as rent for its use of the medical equipment in 2001. This form was not filed with the IRS. 7 Schedule E loss of $31,337 + Schedule F loss of $13,933 ($45,270) x petitioner’s 70 percent ownership (.70) = $31,689. 8 Although the schedule was titled “Depreciation 2005”, it listed the medical equipment depreciation deduction amounts from 2001 through 2006.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007