Michael A. McGrath and Frances Y. McGrath - Page 25




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          granted to petitioners in respect of the Improvements petitioners           
          made.                                                                       
               Thirdly, we have already concluded that there was not any              
          rent reduction, apart from the 6-month rent holiday, and so the             
          requirement imposed by the opening flush language of section                
          110(a) has been satisfied only to that extent in the instant                
          case.                                                                       
               Petitioners’ position is not advanced by their section 110             
          contention.                                                                 
               We hold for respondent on this issue.                                  
                              II.  Section 179 Election                               
               Petitioners contend that if we sustain respondent’s                    
          determination on the section 162 issue, which we have, then they            
          will need to file amended tax returns.  Petitioners further                 
          contend that if amended tax returns are required, then                      
          petitioners must be allowed to make section 179 elections on such           
          tax returns.  Petitioners explain that they did not make section            
          179 elections on their tax returns for 1995 and 1996, because               
          “such election would have no effect on the amount of the refund             
          due the petitioners, assuming the construction costs deducted               
          were determined to be allowable.”  In contending that they should           
          now be allowed to make valid elections under section 179,                   










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