ABC Rentals of San Antonio, Inc. - Page 18

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          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 2               


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