New Gaming Systems, Inc. - Page 9

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          failed to provide on its attached statement to its tax return the           
          method of depreciation elected, the applicable Code section, the            
          year the rental property was placed in service, and the adjusted            
          basis of the rental property.  Id.  In addition, for year 1, the            
          taxpayer did not report any amounts on the line of Form 4562 for            
          “Property subject to section 168(f)(1) election”; instead, the              
          taxpayer reported an amount on another line labeled “Other                  
          depreciation”.  Id.  With regard to this year, the Court held               
          that the taxpayer did not substantially comply with the                     
          requirements of the temporary regulations.  Id.                             
               For a different taxable year (year 2), another taxpayer in             
          ABC Rentals of San Antonio, Inc. v. Commissioner, supra, attached           
          a statement to its tax return that provided the type of property            
          being depreciated, the method of depreciation, the year the                 
          property was placed in service, and the basis of the property.              
          The taxpayer, however, did not state that the election was being            
          taken under section 168(f)(1) of the Code.  Id.  The Court held             
          that the absence of the Code section alone did not prevent the              
          taxpayer from substantially complying with the requirements for a           
          section 168(f)(1) election for year 2.  Id.                                 
               B.   The 1994 Tax Year                                                 
               For the 1994 tax year, we hold that petitioner did not make            
          a valid election under section 168(f)(1)(A) and did not                     
          substantially comply with the requirements of the temporary                 






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