Wing Yiu Kwan - Page 11




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          Tax Regs.  Once made, this election may not be revoked "except              
          with the consent of the Secretary."  Sec. 179(c)(2); accord sec.            
          1.179-5(b), Income Tax Regs.  Moreover, the taxpayer shall                  
          maintain records that permit specific identification of each                
          piece of section 179 property and reflect how and from whom such            
          property was acquired and when such property was placed in                  
          service.  Sec. 1.179-5(a), Income Tax Regs.                                 
               The expense deduction under section 179(a) for any tax year            
          "shall not exceed the aggregate amount of taxable income of the             
          taxpayer for such taxable year which is derived from the active             
          conduct by the taxpayer of any trade or business during such                
          taxable year"; however, any amount so disallowed may be carried             
          forward to later taxable years.  Sec. 179(b)(3)(A) and (B).                 
          Taxable income derived from a trade or business is computed                 
          without taking into account any deduction allowable under section           
          179(a).  Sec. 179(b)(3)(C).  Additionally, for 1997, the                    
          allowable deduction under section 179(a) was limited to $18,000.            
          Sec. 179(b)(1).                                                             
               Petitioner presented no documentary evidence to prove the              
          purchase, identity, or cost of the computers and other related              
          equipment for which he claimed a depreciation/section 179 expense           
          deduction for 1997.  Moreover, petitioner had no taxable income             
          from a trade or business for the year at issue because his                  
          allowable trade or business expenses (not including the section             





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