- 14 - time for the taking of a deduction”. Sec. 1.446-1(e)(2)(ii)(b), Income Tax Regs. Therefore, regardless of whether a change might otherwise be deemed an unauthorized material alteration, the change will not run afoul of section 446(e) if it falls within this useful life exception. Petitioner asks us to find that its revision of the recovery period used in depreciating its gas stations is the equivalent of an adjustment in useful life. Respondent, in contrast, argues that the concept of useful life as employed under prior law cannot be equated with the designation of a recovery period under the current accelerated system. Prior to the 1981 enactment of ACRS, depreciation deductions were based on estimated useful life, meaning the period over which an asset could reasonably be expected to be useful to the taxpayer in his or her business or income-producing activities. See Liddle v. Commissioner, 103 T.C. 285, 290 (1994), affd. 65 F.3d 329 (3d Cir. 1995). Then, with implementation of the accelerated system, Congress mandated that depreciation deductions be taken over one of a limited number of arbitrary statutory periods. See id. at 291. Yet to the extent that selection of a useful life under prior law or a recovery period under current law determines the span of years over whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011