- 31 - 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 undatedPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: November 10, 2007