ABC Rentals of San Antonio, Inc., et al. - Page 10




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          do not meet the test for being similar in character to property             
          for which the income forecast method of depreciation has been               
          approved.  Additionally, respondent contends in the notice of               
          deficiency that in the event it is held that the assets on which            
          petitioners have claimed the income forecast method of                      
          depreciation qualify for that method, a proper election has not             
          been made under section 2.10 of Rev. Proc. 87-57, 1987-2 C.B.               
          687, and the method is not allowed.                                         
               Respondent took the position in the judicial proceeding                
          that: (1) The income forecast method of depreciation is not a               
          valid method of depreciation to depreciate tangible personal                
          property of the type utilized in petitioners’ rent-to-own                   
          businesses (i.e., furniture, appliances, televisions, stereo                
          equipment, and video tape recorders); (2) petitioners failed to             
          file elections pursuant to section 168(f)(1) to change their                
          method of depreciation to the income forecast method for the                
          assets placed in service for taxable years ending in 1987; (3)              
          petitioners improperly applied the income forecast method when              
          calculating depreciation deductions because petitioners failed to           
          forecast the income to be received from the assets being                    
          depreciated and failed to make a reasonable adjustment for                  
          salvage value of the assets being depreciated.  Thus, in the                
          present case we need not consider two separate positions because            
          there is no indication that respondent’s position changed or that           






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