- 8 - on a preponderance of the evidence. See Arevalo v. Commissioner, 124 T.C. at 250-251. II. Depreciation Deduction Section 167(a) allows as a depreciation deduction a reasonable allowance for the “exhaustion, wear and tear” of property (1) used in a trade or business or (2) held for the production of income. Depreciation deductions are based on investment in and actual ownership of property rather than on possession of bare legal title. See Arevalo v. Commissioner, 124 T.C. at 251; Grant Creek Water Works, Ltd. v. Commissioner, 91 T.C. 322, 326 (1988); Narver v. Commissioner, 75 T.C. 53, 98 (1980), affd. 670 F.2d 855 (9th Cir. 1982). The transfer of formal legal title does not shift the incidence of taxation attributable to ownership of property where the transferor continues to retain significant control over the property transferred. Arevalo v. Commissioner, 469 F.3d at 439; Crooks v. Commissioner, 453 F.3d at 656; see also Frank Lyon Co. v. United States, 435 U.S. 561, 572-573 (1978); Grodt & McKay Realty, Inc. v. Commissioner, 77 T.C. 1221, 1236 (1981). If the benefits and burdens reflecting ownership have not passed from “seller” to “purchaser”, the transfer of formal legal title is disregarded when determining ownership of an asset for purposes of depreciation. See Arevalo v. Commissioner, 469 F.3dPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: March 27, 2008