- 18 - December 31, 1987. However, the statement did not comply with the requirements of Revenue Procedure 87-57, supra, or section 5h.5, Temporary Tax Reform Act of 1986 Election Regs., supra. The only item of information Statement 2 provided was that the type of property being depreciated was "RENTAL UNITS". The statement did not say that Guaranteed made an election of the income forecast method or of any other method of depreciation. Nor did it refer to section 168(f)(1) or to any other provision of the Code. Petitioners rely on section 1.168-5(e)(3), Proposed Income Tax Regs., 49 Fed. Reg. 5968 (Feb. 16, 1984). However, we note that Guaranteed did not even meet the less stringent requirements of section 1.168-5(e)(3), Proposed Income Tax Regs., supra, assuming arguendo they were otherwise applicable. Section 1.168- 5(e)(3) provides: (3) Manner of making elections. Except as provided in subparagraph (5), Form 4562 is provided for making an election under this paragraph and for submitting the information required. The taxpayer must specify in the election-- (i) The name of the taxpayer; (ii) The taxpayer's identification number; (iii)The year the recovery property was placed in service (or, in the case of 15-year real property, the month the property was placed in service); (iv) The unadjusted basis of the recovery property; and (v) Such other information as may be required. An election will not be rendered invalid so long as there is substantial compliance, in good faith, with the requirements of subparagraph (3). Statement 2 did not provide the year the rental property was placed in service--in the "Date Acquired" column, Statement 2Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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