- 9 - Finally, neither the statute nor the regulations permit petitioner to revoke (modify) his original election without the Secretary’s consent. In that regard, petitioner does not argue and has not shown that the Secretary’s regulations are unreasonable or that they do not comport with congressional intent. Section 1.179-5(b), Income Tax Regs., provides that the Commissioner’s consent to revoke an election “will be granted only in extraordinary circumstances.” Legally and factually, petitioner accepts that his attempt to change the election is untimely. We are cognizant of the fact that petitioner’s circumstances are of his own making. His need to revoke (modify) his section 179 election only arose after respondent uncovered petitioner’s failure to report all of his income and his misclassification of the very assets for which section 179 treatment is sought. Accordingly, we hold that respondent did not abuse his discretion in refusing to consent to petitioner’s request to revoke (modify) the 1995 election under section 179. To reflect the foregoing and due to concessions by the parties, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011