Robert C. Fors and Lucille Fors - Page 5

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          failure to make a timely election on the return prevents him from           
          deducting a business expense.3                                              
               Section 179(a) generally allows a taxpayer to elect to treat           
          the cost of section 179 property as a current expense in the year           
          the property is placed in service, within certain dollar                    
          limitations.  An election under section 179 must be made on the             
          taxpayer's original return for the taxable year or a timely filed           
          amended return.  Sec. 179(c)(1)(B); sec. 1.179-4(a), Income Tax             
          Regs.  The election must specify the items of section 179                   
          property to which the election applies and the cost of each of              
          the items.  Sec. 179(c)(1)(A); sec. 1.179-4(a)(1) and (2), Income           
          Tax Regs.  After reviewing the record, we find that petitioner              
          failed to make the requisite election.  He failed to specify that           
          he was claiming a section 179 deduction for the cost of the                 
          computer.4  We therefore hold that petitioner is not entitled to            
          a section 179 deduction for 1992 for the cost of the computer.5             

          3         Respondent concedes that the computer was used by                 
          petitioner 80 percent of the time in connection with his real               
          estate activity.  Petitioner has not proved that he used the                
          computer for business purposes more than 80 percent of the time.            
          4         Petitioner failed to attach to the return a Form 4562             
          on which the specific items to be deducted under sec. 179 must be           
          listed.  In addition, there is no indication on the face of the             
          Schedule C that the claimed office expenses included the amount             
          paid for the computer.  In fact, we note that petitioner had                
          difficulty at trial recalling which category of expenses the                
          computer was claimed under.                                                 
          5         Respondent concedes that petitioner is entitled to a              
          depreciation deduction with respect to the computer for 1992.  We           
                                                             (continued...)           




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