- 7 - Barn using the midquarter convention, the 150-percent declining balance method, and a 10-year recovery period. In the notice of deficiency, respondent determined that the $16,730 cost consisted of the cost of two separate assets: (1) The Tobacco Barn, and (2) a concrete septic tank.3 Respondent determined that the Tobacco Barn was not entitled to section 179 treatment and that the applicable recovery for the Tobacco Barn is 20 years. OPINION Issue 1. Deduction Under Section 179 Section 179(a) allows a taxpayer to deduct, rather than capitalize, the cost of certain property up to specified dollar limits as specified in section 179(b). The deduction is allowable for the entire cost or a portion of the cost of the property. See sec. 1.179-1(b), Income Tax Regs. As pertinent here, section 179 property is any tangible property that is section 1245 property as defined in section 1245(a)(3). See sec. 179(d)(1). Section 1245 property is defined, by section 1245(a)(3) as, inter alia: (A) personal property, (B) other property (not including a building or its structural components) but only if such other property is tangible and * * * 3 As previously mentioned, petitioners have conceded the adjustment regarding the concrete septic tank.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011