ABC Rentals of San Antonio, Inc., et al. - Page 4




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          Circuit.  The Court of Appeals for the Tenth Circuit concluded in           
          ABC Rentals, Inc. v. Commissioner, 142 F.3d 1200 (10th Cir.                 
          1998), revg. and remanding T.C. Memo. 1994-601, that section                
          168(f)(1) does not preclude use of the income forecast method for           
          property like petitioners’ rent-to-own inventory.  Since we                 
          determined that petitioners’ rental units could not be                      
          depreciated using the income forecast method and did not reach              
          respondent’s other arguments, the Court of Appeals directed us to           
          determine on remand:                                                        
               whether taxpayers made a proper election under                         
               section 168(f) and, if so, whether they improperly                     
               applied the income forecast method because they                        
               did not accurately forecast the income expected                        
               over the life of the assets and did not make an                        
               adjustment for salvage value.                                          
          ABC Rentals, Inc. v. Commissioner, 142 F.3d at 1211.                        
               In ABC Rentals, Inc. v. Commissioner, T.C. Memo. 1999-14               
          (ABC Rentals II), we held that Guaranteed Rental Systems, Inc.              
          (Guaranteed), failed to make a proper election of the income                
          forecast method for its taxable year ending December 31, 1987,              
          and that ABC Rentals of San Antonio, Inc. (ABC), failed to make a           
          proper election for its taxable year ending May 31, 1987.  We               
          held further that ABC made a proper election for its short                  
          taxable period ending December 31, 1987, since it substantially             
          complied with the election requirements for this short taxable              
          period.  For rental units placed in service during taxable years            
          ending in 1988, the parties had stipulated that both Guaranteed             





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