New Gaming Systems, Inc. - Page 6

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          167(a)(1).  For tangible property placed in service after                   
          December 31, 1986, such deduction is computed under MACRS.  Sec.            
          168(a); Tax Reform Act of 1986, Pub. L. 99-514, secs. 201, 203,             
          100 Stat. 2085, 2122, 2143.  The application of MACRS is                    
          mandatory:  “Except as otherwise provided in this section, the              
          depreciation deduction provided by section 167(a) for any                   
          tangible property shall be determined using (1) the applicable              
          depreciation method, (2) the applicable recovery period, and (3)            
          the applicable convention”.  Sec. 168(a)(emphasis added).                   
          Petitioner, therefore, must use MACRS to depreciate its equipment           
          unless an exception applies.                                                
               Section 168(f) provides certain exceptions to the otherwise            
          mandatory provisions of section 168(a).  Specifically, property             
          may be excluded from using MACRS if:                                        
               (A) the taxpayer elects to exclude such property from                  
               the application of this section, and                                   
               (B) for the 1st taxable year for which a depreciation                  
               deduction would be allowable with respect to such                      
               property in the hands of the taxpayer, the property is                 
               properly depreciated under the unit-of-production                      
               method or any method of depreciation not expressed in a                
               term of years * * *.                                                   
          Sec. 168(f)(1).                                                             
               Respondent claims that petitioner failed to elect out of               
          MACRS on its original returns pursuant to section 168(f)(1)(A).             
          Further, on this point, respondent argues that petitioner did not           
          make the election timely because petitioner made the election on            
          amended returns after the audit, the issuance of the deficiency             





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