- 25 - 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,Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011