- 6 - section 179. Petitioner also argues that his failure to amend his return and make the election with respect to the three assets was due to circumstances beyond his control; i.e., petitioner was not aware that the three assets would qualify under section 179 until respondent had reclassified them as depreciable business assets. Petitioner contends that respondent’s denial is, in these circumstances, inequitable. Respondent argues that petitioner is bound by his original section 179 expense election and limited to $4,100 as shown on petitioner’s original 1995 Federal income tax return. We agree with respondent. Petitioner perceives that his dilemma was caused by respondent’s actions and by timing. Petitioner points out that it was respondent’s determination, after the period within which petitioner could make a timely election, that necessitated petitioner’s request for consent to revoke. Petitioner, in arguing that it is inequitable for respondent to deny the request for revocation (addition of the three assets), in essence, questions whether respondent’s refusal was an abuse of discretion. This is the first instance where we have considered whether respondent’s refusal to grant a consent to revoke an election under section 179 was an abuse of discretion. Section 179(c)(2) provides that “Any election made under this section, and any specification contained in any such election, may not be revoked except with the consent of thePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011