- 16 - 4. Election To Expense Certain Depreciable Business Assets Pursuant to Section 179 On its 1993 Form 1120S, U.S. Income Tax Return for an S Corporation, Special O elected to expense $10,570 pursuant to section 179. The business assets in question consisted of computer equipment. During the 1993 tax year, Special O reported an ordinary loss from trade or business activities in the amount of $40,791. Special O did not claim depreciation for any assets placed in service during the 1993 tax year. Section 179 allows a taxpayer to make an election to expense up to $17,500 of the cost, or portion thereof, of section 179 property for the taxable year in which the property is placed in service. The election, once made, is irrevocable unless the revocation is consented to by the Commissioner. See sec. 1.179- 5, Income Tax Regs. Additionally, the amount allowed a taxpayer as a deduction under section 179 cannot exceed the aggregate amount of taxable income of the taxpayer for such taxable year which is derived from the active conduct of any trade or business during such taxable year. See sec. 179(b)(3)(A). A taxpayer may carry over a deduction disallowed under section 179(b)(3)(A) to another taxable year. See sec. 179(b)(3)(B). We find that Special O is not entitled to a section 179 deduction for the 1993 tax year. Special O had no taxable income for the tax year in issue and so would not be able to avail itself of the benefit of a section 179 expense deduction. SincePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011