- 8 - 587. However, the business standard mileage rate may not be used to compute deductible expenses if the taxpayer has claimed a section 179 expense deduction on the same vehicle. Rev. Proc. 97-58, 1997-2 C.B. 587. Thus, petitioner may not claim deductions on the van for both the section 179 expense and the standard mileage rate. Assuming petitioner could substantiate entitlement to a deduction for both expenses, petitioner would be limited to either the section 179 expense deduction or the standard mileage rate deduction, but not both. i. Section 179 Expense Petitioner claimed a section 179 expense deduction of $7,000 on Schedule C for the year at issue. For the 1998 taxable year, section 179 allows a taxpayer to elect to expense, as a deduction for the year in which the property was placed in service, up to $18,500 of the cost of certain property acquired for use in the active conduct of a trade or business. Sec. 179(a), (b), (d). “The term ‘placed in service’ means the time that property is first placed by the taxpayer in a condition or state of readiness and availability for a specifically assigned function, whether for use in a trade or business, for the production of income, in a tax-exempt activity, or in a personal activity.” Sec. 1.179- 4(e), Income Tax Regs. Petitioner claimed on Form 4562, Depreciation and Amortization, that the van was placed in service on January 1,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011