- 11 - any method of depreciation not expressed in a term of years”. Sec. 168(f)(1)(B). Petitioner reported on its tax returns that it used a straight-line depreciation method over 2 years. Petitioner deducted 50 percent of the depreciation basis in the year that the equipment was placed in service,5 and 50 percent in the next year. Respondent contends that by choosing a method of depreciation measured by a term of years, petitioner failed the requirement of section 168(f)(1)(B). Despite what its tax returns show, petitioner argues that it did not use a depreciation method defined by a “term of years”. Petitioner does not deny that it used a 2-year straight-line depreciation method. Petitioner argues that “Although petitioner’s Form 4562 depreciates the gaming equipment as 2-year straight-line depreciation, the factors relied upon by petitioner in determining that useful life were other factors that had nothing to do with the wear and tear on the machines”. Petitioner further argues that it relied on the income forecast method as well as a combination of other methods to determine the depreciation deduction. Petitioner noted that, on October 1, 1998, it provided a schedule to the Internal Revenue Service Appeals officer that tracked the income of its machines and that 5 Petitioner used a half-year convention on its 1995 tax return for the equipment placed in service after the midpoint of that year.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011