- 19 - accompanying the return for the taxable year, the statement shall-- (A) Contain the name, address and taxpayer identification number of the electing taxpayer, (B) Identify the election, (C) Indicate the section of the Code (or, if the provision is not codified, the section of the Act) under which the election is made, (D) Specify, as applicable, the period for which the election is being made and/or the property or other items to which the election is to apply, and (E) Provide any information required by the relevant statutory provisions and any information necessary to show that the taxpayer is entitled to make the election. A. Guaranteed Guaranteed did not meet the requirements for the tax year ending December 31, 1987. Guaranteed did attach a statement-- Statement 2--to its tax return for the taxable year ending 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 notePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011