James M. and Ruth J. Riley - Page 17

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          farm.  There were improvements on the Sioux Valley farm                     
          consisting of a house and a well.  Petitioner did not use the               
          house or the well in his farming operations.  He estimated that             
          the fair market value of the house on the Sioux Valley farm was             
          $25,000 and depreciated it using the straight-line method over 10           
          years.  Petitioners are not entitled to deduct the $2,500 they              
          claimed for 2001 for depreciation of the house and the well                 
          because petitioner did not use the house or the well in his                 
          farming or rental activity and the 10-year depreciation period              
          expired in 2000.  Their failure to claim the depreciation                   
          deductions for 1998 and 1999 does not extend the depreciation               
          period into later years.  See sec. 1.167(a)-10(a), Income Tax               
          Regs.                                                                       
               Petitioner purchased the Ross farm from the Federal Farm               
          Credit Association in 1997 for $154,000.  Improvements on the               
          Ross farm buildings consisted of two buildings (a barn and a                
          storage building) and installed drainage tile.  Petitioner                  
          estimated that the value of the Ross farm buildings was $50,000.            
          He did not use the barn in his farming operations but                       
          occasionally used the storage building to store soybeans.                   
          Petitioners are not entitled to depreciation deductions for the             
          barn because petitioner did not use it in his farming or rental             
          activity.  Although he occasionally used the storage building               







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