- 12 - 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).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007