- 14 - failed to produce evidence allocating any portion of the $80,000 to such incidental items so as to allow them to be deducted. See sec. 1.162-3, Income Tax Regs.18 Therefore, the Court finds petitioner is not entitled to deduct any of the $80,000 as an ordinary and necessary business expense under section 162(a). In the alternative, petitioner contends the $80,000 was used to purchase property which is depreciable over a 7-year recovery period under the modified accelerated cost recovery system (MACRS). Respondent does not dispute that the property is depreciable under section 167(a) but contends that the $80,000 was used to purchase property with a 39-year recovery period under the MACRS.19 Section 167(a) generally allows as a depreciation deduction a reasonable allowance for the exhaustion, wear, tear, and obsolescence of property used in a trade or business. MACRS provides that the depreciation deduction provided by section 167(a) for any tangible property must be determined by using the applicable depreciation method, the applicable recovery period, 18 “Taxpayers carrying materials and supplies on hand should include in expenses the charges for materials and supplies only in the amount that they are actually consumed and used in operation during the taxable year.” Sec. 1.162-3, Income Tax Regs. In contrast, the cost of acquiring “equipment * * * and similar property having a useful life substantially beyond a taxable year” is a capital expenditure. Sec. 1.263(a)-2(a), Income Tax Regs. 19 Respondent did not delineate what type of property petitioner may have purchased with the $80,000.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007