- 6 - 167(a)(1). For tangible property placed in service after December 31, 1986, such deduction is computed under MACRS. Sec. 168(a); Tax Reform Act of 1986, Pub. L. 99-514, secs. 201, 203, 100 Stat. 2085, 2122, 2143. The application of MACRS is mandatory: “Except as otherwise provided in this section, the depreciation deduction provided by section 167(a) for any tangible property shall be determined using (1) the applicable depreciation method, (2) the applicable recovery period, and (3) the applicable convention”. Sec. 168(a)(emphasis added). Petitioner, therefore, must use MACRS to depreciate its equipment unless an exception applies. Section 168(f) provides certain exceptions to the otherwise mandatory provisions of section 168(a). Specifically, property may be excluded from using MACRS if: (A) the taxpayer elects to exclude such property from the application of this section, and (B) for the 1st taxable year for which a depreciation deduction would be allowable with respect to such property in the hands of the taxpayer, the property is properly depreciated under the unit-of-production method or any method of depreciation not expressed in a term of years * * *. Sec. 168(f)(1). Respondent claims that petitioner failed to elect out of MACRS on its original returns pursuant to section 168(f)(1)(A). Further, on this point, respondent argues that petitioner did not make the election timely because petitioner made the election on amended returns after the audit, the issuance of the deficiencyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011