- 17 - 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 procedurePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011