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.Page: 1 2 3 4 5 6 7 8 9 Next
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