Vitamin Village, Inc. - Page 31




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          closely held corporation.  Intl. Artists, Ltd. v. Commissioner,             
          55 T.C. 94, 108 (1970).                                                     
               The floating structures were placed in service on May 28,              
          1996, approximately 1 month before the end of petitioner’s FYE              
          June 30, 1996.  The structures were under construction in 1995.             
          Thus, they were not used in petitioner’s trade or business during           
          its FY 1995.  See sec. 167(a)(1).  Therefore, this Court finds              
          petitioner is not entitled to a depreciation deduction pursuant             
          to section 167(a)(1) in FYE June 30, 1995.                                  
               Mr. Reeves testified that after the floating structures were           
          placed into service, they were used primarily by petitioner and             
          UMI to develop advertising for the purpose of promoting                     
          petitioner’s skin care and suntan lotion products, nutritional              
          supplements, and health food products.  He testified the                    
          advertising work included photo shoots that involved people                 
          around water; i.e., riding jet skis, skiing, or lying out in the            
          sun next to the river.  Petitioner also indicated the property              
          was used for promotional events.                                            
               Neither petitioner nor Mr. Reeves kept logs of petitioner’s            
          or UMI’s business use of the floating structures from May 28,               
          1996, through FYE June 30, 1996.  The only evidence petitioner              
          offered to establish that the floating structures were used for a           
          business purpose was Mr. Reeves’s testimony and several undated             








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