ABC Rentals of San Antonio, Inc., et al - Page 23

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          Reform Act of 1986 Election Regs., supra, was published in the              
          Federal Register for February 5, 1987, which was prior to August            
          21, 1987, the date ABC's tax return for its taxable year ending             
          May 31, 1987, was signed.  Consequently, ABC should have complied           
          with the requirements set forth in section 5h.5, Temporary Tax              
          Reform Act of 1986 Election Regs., supra.  ABC did not attach to            
          its return a separate statement or otherwise comply with the                
          requirements.                                                               
               Nor did ABC comply with the requirements of section 1.168-             
          5(e)(3), Proposed Income Tax Regs., supra, assuming they were               
          applicable.  ABC did not include on its return, or on any other             
          form or statement accompanying the return, the year the rental              
          property was placed in service, nor did it include the unadjusted           
          basis of the rental property.                                               
               As indicated above, section 1.168-5(e)(3), Proposed Income             
          Tax Regs., supra, states that Form 4562, Depreciation and                   
          Amortization, is provided for making the election.  The 1986                
          instructions for this form provide the following guidance for               
          line 7 of section C, Depreciation of Nonrecovery Property:                  
               Line 7.--Report property that you elect, under                         
               section 168(e)(2), to depreciate by the units-of-                      
               production method or any other method not based                        
               on a term of years.  If you use the retirement-                        
               replacement-betterment method, see section 168(f)(3).                  
                    On a separate sheet, attach:  (1) a description                   
               of the property and what depreciation method you                       
               elect that excludes the property from ACRS; and                        






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