- 12 - Section 179(a) allows a taxpayer to elect to expense, in the year placed in service, the cost of section 179 property. Section 179 property includes any tangible property (to which section 168 applies) which is section 1245 property which is acquired for use in the active conduct of a trade or business. Sec. 179(d)(1). Section 1245 property includes personal property. Sec. 1245(a)(3). Section 280F(d), however, provides that an employee may not claim a section 179 deduction for "listed property" unless the employee's use of the listed property is for the convenience of the employer and required as a condition of employment. In addition, the strict substantiation requirements of section 274(d) must be met with respect to listed property. Listed property includes any computer or peripheral property. Sec. 280F(d)(4)(A)(iv). The camera and telephone are not listed property. The "convenience of the employer" and "condition of employment" tests are essentially the same. United States Junior Chamber of Commerce v. Commissioner, 167 Ct. Cl. 392, 334 F.2d 660, 663 (1964). In order to satisfy the condition of employment requirement, the use of the property must be required in order for the employee to perform the duties of his or her employment properly. Sec. 1.280F-6T(a)(2)(ii), Temporary Income Tax Regs., 49 Fed. Reg. 42701, 42713 (Oct. 24, 1984). Whether the use of property is so required depends on all the facts andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011