Michael A. McGrath and Frances Y. McGrath - Page 2




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               issue is by way of depreciation, as allowed in the notice of           
               deficiency.                                                            
                    2.  Held, further, Ps may not now elect to expense any            
               sec. 179 property they placed in service in either 1995 or             
               1996, because the period for making valid sec. 179 elections           
               for the years in issue has expired.  Sec. 179(c), I.R.C.               
               1986.                                                                  


               Michael A. McGrath and Frances Y. McGrath, pro sese.                   
               Emile L. Hebert III, for respondent.                                   



                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
               CHABOT, Judge: Respondent determined deficiencies in                   
          individual income tax against petitioners as follows:                       

                        Year                          Deficiency                      
                        1995                           $28,590                        
                        1996                           3,026                          
               After concessions by both sides, the issues for decision1              
          are as follows:                                                             
                    (1)  Whether petitioners may deduct under section 1622            
               the costs they incurred in 1995 in making permanent                    




               1  The following adjustments are computational, i.e., they             
          depend on resolution of the issues for decision: (1) Earned                 
          income credit for 1996, and (2) itemized deductions for 1995 and            
          1996.                                                                       
               2  Unless indicated otherwise, all section and chapter                 
          references are to sections and chapters of the Internal Revenue             
          Code of 1986 as in effect for the years in issue.                           




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