ABC Rentals of San Antonio, Inc., et al - Page 24

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               (2) the depreciable basis (cost or other basis,                        
               reduced, if applicable, by salvage value, half the                     
               investment credit, and the section 179 expense).                       
                    Enter the depreciation deduction for the property in              
               column (f).                                                            
               The Form 4562 filed with ABC's tax return for the year                 
          ending May 31, 1987, contains the heading on line 7 "Property               
          subject to section 168(e)(2) election."10  However, ABC left                
          column (f) of line 7 blank.  Rather, it appears the depreciation            
          deduction for the rental property has been included in column (f)           
          of line 8--"Other depreciation" where a $119,195 deduction is               
          claimed.  Thus, ABC failed to indicate that any of its property             
          was subject to the section 168(f)(1) election.  Moreover, ABC               
          failed to indicate on its Form 4562 or on its return that it was            
          using the income forecast method of depreciation.  The only                 
          methods of depreciation indicated on its return are "ACRS" and              
          "DDB".                                                                      
               ABC was not even in substantial compliance with the election           
          requirements.  Nothing in ABC's return or on the attached Form              
          4562 indicates it was electing the income forecast method of                
          depreciation.  Knight-Ridder Newspapers, Inc. v. United States,             
          supra at 793-99.  Thus, ABC 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, nor did it comply with            


               10See supra note 7.                                                    





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