- 10 - regulations. As in ABC Rentals of San Antonio, Inc. v. Commissioner, supra, for year 1, on its original tax return, petitioner failed to provide most of the information required under the temporary regulations, including 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. In addition, as in ABC Rentals of San Antonio, Inc. v. Commissioner, supra, petitioner left blank the line on Form 4562 for “Property subject to section 168(f)(1) election.”4 C. The 1995 and 1996 Tax Years For the 1995 and 1996 tax years, petitioner contends that it substantially complied with the section 168(f)(1)(A) election requirement. Even if we assume arguendo that petitioner substantially complied with the section 168(f)(1)(A) election requirement, we hold, however, that petitioner did not meet the second test of section 168(f)(1) that requires that the property be “properly depreciated under the unit-of-production method or 4 As a preliminary matter, petitioner’s amended return was untimely for sec. 168(f)(1) purposes. The temporary regulation provides that the election must be made by the due date of the tax return for the first taxable year for which the election is to be effective, taking extensions into account. Sec. 301.9100- 7T(a)(2)(A), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 3626 (Feb. 5, 1987). Petitioner filed its amended return on July 2, 1999, years after the due date of the original tax return. Therefore, we do not consider petitioner’s amended return in determining whether petitioner made an election or substantially complied with the temporary regulation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011