- 16 - imposed by this chapter for the taxable year. Such an election shall be made in such a manner as the Secretary may by regulations prescribe. Section 1.179-5(a), Income Tax Regs., provides that the election under section 179 shall be made on the taxpayer's first income tax return for the taxable year to which the election applies (whether or not the return is timely) or on an amended return filed within the time prescribed by law (including extensions) for filing the return for such taxable year. * * * [Emphasis added.] Petitioner made no section 179 election for the computer on her 1994 return or any amended return filed within the time prescribed by law, including extensions, for filing her 1994 return. Alisobhani v. Commissioner, T.C. Memo. 1994-629; Subt v. Commissioner, T.C. Memo. 1991-429. Thus, pursuant to section 1.179-5(a), Income Tax Regs., petitioner should have filed an amended return no later than October 15, 1995 (assuming valid extensions), in order for petitioner to have properly elected section 179 treatment. Thus, petitioner is not entitled to an expense deduction under section 179 for the computer. Starr v. Commissioner, T.C. Memo. 1995-190, affd. without published opinion 99 F.3d 1146 (9th Cir. 1996). To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Last modified: May 25, 2011