Nicholas M. Romer - Page 19




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          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 for              





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