SIMON v. C.I.R.

No. 1708, Docket 94-4237.

68 F.3d 41 (1995)

Richard L. SIMON and Fiona Simon, Petitioners-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 13, 1995.


Attorney(s) appearing for the Case

Edward T. Perelmuter, Washington, DC (Loretta C. Argrett, Assistant Attorney General, Gary R. Allen, Richard Farber, Tax Division, Department of Justice, Washington, DC, of counsel), for Respondent-Appellant.

Marvin E. Frankel, New York City (Steven C. Todrys, Eugenia Yudanin, Arthur Pelikow, Kramer, Levin, Naftalis, Nessen, Kamin & Frankel, New York City, of counsel), for Petitioners-Appellees.

Before: OAKES, WINTER and MAHONEY, Circuit Judges.


WINTER, Circuit Judge:

This appeal from the Tax Court raises the question whether professional musicians may take a depreciation deduction for wear and tear on antique violin bows under the Accelerated Cost Recovery System ("ACRS") of the Economic Recovery Tax Act of 1981 ("ERTA"), Pub.L. No. 97-34, 95 Stat. 172, although the taxpayers cannot demonstrate that the bows have a "determinable useful life."

The parties agree that under the pre-ERTA Internal Revenue...

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