John Karason - Page 12




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               Respondent contends petitioner is not entitled to a section            
          167 depreciation deduction or a section 179 expense deduction               
          because he did not prove he invested in or purchased the                    
          equipment that he purportedly used in his medical equipment                 
          rental business.                                                            
               Petitioner and Dr. Karason testified that, pursuant to an              
          oral agreement, Dr. Karason assigned the medical equipment to               
          petitioner, and petitioner invested in and purchased the                    
          equipment when he wired the bank loan funds to Dr. Karason on               
          January 9, 2001.  They also testified that the FMV of the medical           
          equipment was determined pursuant to consultations with Gill                
          Podiatry and Moore Medical, purveyors of podiatry equipment.                
          Outside of the handwritten depreciation schedule, petitioner did            
          not produce documentation supporting either the cost or the FMV             
          of the medical equipment or that these consultations actually               
          occurred.  Petitioner also testified that he did not obtain                 
          insurance covering the medical equipment.                                   
               Petitioner and Dr. Karason testified that immediately after            
          petitioner purchased the medical equipment, pursuant to an oral             

               10(...continued)                                                       
                                                                                     
               In this case, petitioner bears the burden of proof because             
          he did not:  (1) Introduce credible evidence with respect to any            
          factual issue relevant to ascertaining his liability; (2)                   
          substantiate his expenses; (3) maintain the required records; and           
          (4) cooperate with respondent's requests.  Sec. 7491(a); see                
          Higbee v. Commissioner, 116 T.C. 438, 440-441 (2001).                       






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