Sam H. Patton - Page 6




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          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 the                 






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