- 19 - assets placed in service after December 31, 1980 (as the King Air was), is generally determined under the accelerated cost recovery system (ACRS) of section 168. See sec. 168(a); C&M Amusements, Inc. v. Commissioner, T.C. Memo. 1993-527. Application of ACRS is generally mandatory and precludes computation of depreciation based on estimated useful life for tangible property acquired after 1980. See C&M Amusements, Inc. v. Commissioner, supra; Grinalds v. Commissioner, T.C. Memo. 1993-66. ACRS deductions are determined using the “applicable recovery period”, along with prescribed depreciation methods and conventions. Sec. 168(a). Here, the parties disagree only about the applicable recovery period, so we confine our consideration to that issue. Under ACRS, aircraft are classified as “7-year property”. Section 168(e)(3)(C); Rev. Proc. 87-56, 1987-2 C.B. 674 (asset class 45.0), clarified and modified by Rev. Proc. 88-22, 1988-1 C.B. 785. The applicable recovery period for 7-year property is 7 years. See sec. 168(c)(1). Therefore, pursuant to section 168(a), petitioner must depreciate the King Air over 7 years. Accordingly, petitioner is not entitled to additional depreciation based on an asserted 5-year useful life of the King Air. Furthermore, petitioner is not entitled to any allowance under section 179. Generally, section 179(a) permits a taxpayer to elect to expense the cost of tangible personal property forPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011