- 4 - depreciation for tangible assets placed in service after 1986 under the modified accelerated cost recovery system (MACRS), in accordance with section 168. On its U.S. Corporation Income Tax Return, Form 1120, for the year ended April 24, 1993, petitioner began depreciating the gas station properties.1 In doing so, petitioner characterized the gas stations as nonresidential real property. Petitioner likewise classified the gas stations as nonresidential real property on its returns for the taxable years ending in April of 1994 and April of 1995. On the basis of such classification and the prescribed treatment for nonresidential real property under the MACRS rules, petitioner’s returns for the years ended in 1993, 1994, and 1995 reflected depreciation of the gas stations using the straight line method and a recovery period of 31.5 or 39 years. (The Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, sec. 13151, 107 Stat. 448, extended the recovery period for nonresidential real property from 31.5 to 39 years, generally effective for property placed into service after May 12, 1993.) 1 Although the parties stipulated that petitioner began depreciating the gas stations in the year ending in 1992, this appears to be erroneous because petitioner’s return for the fiscal year ending April 25, 1992, does not reflect any such deductions on the depreciation schedule. We therefore rely on the Form 1120 for that fiscal year. See Jasionowski v. Commissioner, 66 T.C. 312, 316-318 (1976).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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