- 27 - Section 179(c)(1)17 delegates to the Secretary the authority to prescribe by regulations the manner in which a taxpayer makes a valid election under section 179. Section 1.179-5, Income Tax Regs., provides, in pertinent part, as follows: Sec. 1.179-5. Time and manner of making election.–- (a) Election. * * * The election under section 179 and section 1.179-1 to claim a section 179 expense deduction for section 179 property shall be made on the taxpayer’s first income tax return for the taxable year to which the election applies (whether or not the return is timely) or on an amended return filed within the time prescribed by law (including extensions) for filing the return for such taxable year. * * * As applied to the instant case, section 1.179-5, Income Tax Regs., precludes petitioners from making valid section 179 17 SEC. 179. ELECTION TO EXPENSE CERTAIN DEPRECIABLE BUSINESS ASSETS. * * * * * * * (c) Election.-- (1) In general.--An election under this section for any taxable year shall–- (A) specify the items of section 179 property to which the election applies and the portion of the cost of each of such items which is to be taken into account under subsection (a), and (B) be made on the taxpayer’s return of the tax imposed by this chapter [chapter 1 relating to normal taxes and surtaxes] for the taxable year. Such election shall be made in such manner as the Secretary may by regulations prescribe.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