- 4 - 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 GuaranteedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011