Sam H. Patton - Page 1

                                   116 T.C. No. 17                                    

                               UNITED STATES TAX COURT                                

                            SAM H. PATTON, Petitioner v.                              
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      

               Docket No. 16428-99.                   Filed April 13, 2001.           

                    For 1995, P elected, under sec. 179, I.R.C., to                   
               expense a depreciable asset.  R examined P’s 1995                      
               Federal income tax return and reclassified as                          
               depreciable three assets that P had originally                         
               classified as “materials and supplies”.  Following R’s                 
               reclassification, P sought R’s consent to expense the                  
               three reclassified assets under sec. 179, I.R.C.  P was                
               unable to revoke (modify or change) his election                       
               without R’s consent.  R refused to give P consent to                   
               revoke (modify) his original election.                                 
                    Held:  R’s refusal to consent, considering the                    
               facts in this case, was not an abuse of discretion.                    

               Hugh T. Echols, Sr., for petitioner.                                   
               Gordon P. Sanz, for respondent.                                        

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