Wing Yiu Kwan - Page 10




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               In the notice of deficiency, respondent disallowed $17,479             
          of the claimed deduction; however, prior to trial, respondent               
          conceded that petitioner was entitled to an additional $284                 
          depreciation deduction in connection with the computer repair               
          tools.  This reduced the depreciation/section 179 expense                   
          deduction in dispute to $17,195.                                            
               Section 167(a) allows taxpayers a depreciation deduction for           
          the exhaustion and wear and tear of property used in a trade or             
          business or held for the production of income.  Property becomes            
          depreciable at the time it is placed in service.  Piggly Wiggly             
          S., Inc., v. Commissioner, 84 T.C. 739, 745 (1985), affd. on                
          another issue 803 F.2d 1572 (11th Cir. 1986); Clemente v.                   
          Commissioner, T.C. Memo. 1985-367; sec. 1.167(a)-10(b), Income              
          Tax Regs.  Property is considered placed in service when it is              
          ready and available for a specifically assigned function.  Piggly           
          Wiggly S., Inc., v. Commissioner, supra; Williams v.                        
          Commissioner, T.C. Memo. 1987-308; sec. 1.167(a)-11(e)(1)(i),               
          Income Tax Regs.                                                            
               Section 179 allows a taxpayer to elect to treat the cost of            
          section 179 property as a current expense in the year such                  
          property is placed in service, within certain dollar limitations.           
          Sec. 179(a).  An election under section 179 must be made on the             
          taxpayer's original return for the taxable year or an amended               
          return filed timely.  Sec. 179(c)(1)(B); sec. 1.179-5(a), Income            





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