New Gaming Systems, Inc. - Page 10

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          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.                                     





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