LIDDLE v. C.I.R.S.

No. 94-7733.

65 F.3d 329 (1995)

Brian P. LIDDLE; Brenda H. Liddle v. COMMISSIONER OF the INTERNAL REVENUE SERVICE, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 8, 1995.


Attorney(s) appearing for the Case

Loretta C. Agrett, Assistant Attorney General, Gary R. Allen, Richard Farber, Edward T. Perelmuter (argued), Attorneys, Tax Div., Dept. of Justice, Washington, DC, for appellant.

David Lyle Segal (argued), Jeffry H. Homel, Philadelphia, PA, for appellees.

Before: STAPLETON, McKEE, Circuit Judges, and ROSENN, Senior Circuit Judge.


OPINION OF THE COURT

McKEE, Circuit Judge:

In this appeal from a decision of the United States Tax Court we are asked to decide if a valuable bass viol can be depreciated under the Accelerated Cost Recovery System when used as a tool of trade by a professional musician even though the instrument actually increased in value while the musician owned it. We determine that, under the facts before us, the taxpayer properly depreciated the instrument and therefore...

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