- 59 - "qualified investment" means with respect to any taxable year the aggregate of the applicable percentage of the basis of each new section 38 property, as defined in section 48(b), placed in serv- ice by the taxpayer during such year plus the applicable percent- age of the cost of each used section 38 property, as defined in section 48(c)(1), placed in service by the taxpayer during such year. Section 38 property is defined to include "tangible per- sonal property (other than an air conditioning or heating unit)". Sec. 48(a)(1)(A). The term "section 38 property" "includes only recovery property (within the meaning of section 168 * * *) and any other property with respect to which depreciation * * * is allowable and having a useful life * * * of 3 years or more." Sec. 48(a). Petitioners have not established that (1) they placed section 38 property in service during 1986 or (2) either (a) their basis in new section 38 property or (b) the cost of used section 38 property.45 In addition, section 49(a) disallows the regular percentage of the qualified investment determined under section 46(c) for property placed in service after December 31, 1985. Section 49(b)(1) provides an exception to that disallowance for transi- 45 Although it is possible that certain of the properties that the parties stipulated had minimum bases of $22,102 and that petitioners placed in service during 1986 do, in fact, fit within the definition of sec. 38 property, the record before us does not permit us to make such a determination. For example, petitioners have not even established what properties are covered by that stipulation, let alone whether such properties, whatever they are, constitute sec. 38 property.Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
Last modified: May 25, 2011