Leonard Charles and Kaye Layne Ekman - Page 10

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          sustains respondent's determination that no deduction is allowed            
          under section 174(a).                                                       
               Petitioners contend, alternatively, that the $7,000 cost of            
          the Porsche engine is deductible under section 179.  Under                  
          section 179, a taxpayer may elect to treat the cost of any                  
          section 179 property as a current expense in the year such                  
          property is placed in service.  Sec. 179(a).  The aggregate cost            
          that a taxpayer may deduct under section 179, for the year 1991,            
          may not exceed $10,000.3  Section 179(c)(1) provides that an                
          election must:                                                              

                    (A) specify the items of section 179 property to which            
               the election applies and the portion of the cost of each of            
               such items which is to be taken into account under                     
               subsection (a), and                                                    
                    (B) be made on the taxpayer's return of the tax imposed           
               by this chapter for the taxable year.                                  

               Petitioners made no election on their income tax return for            
          1991 to expense the $7,000 under section 179 for the Porsche 928            
          S4 engine.  They are precluded from making that election at this            
          time.  Starr v. Commissioner, T.C. Memo. 1995-190, affd. without            
          published opinion 94 F.3d 1146 (9th Cir. 1996).                             
               Petitioners next argue that, if the subject engine's cost              
          cannot be expensed under either sections 174 or 179, the cost               


               3    The dollar limitation has been increased for subsequent           
          years.                                                                      




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