ABC Rentals of San Antonio, Inc., et al - Page 17

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          I.   Proper Election                                                        
               The Court of Appeals has directed us to determine whether              
          petitioners made a proper election under section 168(f) for the             
          1987 and 1988 years before us.  ABC Rentals of San Antonio, Inc.            
          v. Commissioner, 142 F.3d at 1211.                                          
               Under section 168(f)(1) taxpayers must make a proper                   
          election in the first taxable year for which a depreciation                 
          deduction would be allowable for the rental unit.  Section                  
          168(f)(1) provides:                                                         
                    (f) Property to Which Section Does Not Apply.--This               
               section shall not apply to--                                           
                         (1) Certain methods of depreciation.--Any                    
                    property if--                                                     
                              (A) the taxpayer elects to exclude such                 
                         property from the application of this section, and           
                              (B) for the 1st taxable year for which a                
                         depreciation deduction would be allowable with               
                         respect to such property in the hands of the                 
                         taxpayer, the property is properly depreciated               
                         under the unit-of-production method or any method            
                         of depreciation not expressed in a term of years             
                         (other than the retirement-replacement-betterment            
                         method or similar method).                                   
               Section 2.02 of Revenue Procedure 87-57, 1987-2 C.B. 687,              
          688, provides that the election under section 168(f)(1) must be             
          made following the procedures set forth in section 2.10 of the              
          Revenue Procedure.  Section 2.10 of Revenue Procedure, 1987-2               
          C.B. at 689, provides,                                                      
                    .10 Time and manner for making elections.  Under                  
               section 5h.5(a)(2) of the temporary regulations, after April           
               14, 1987, an election described in this revenue procedure              






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