Michael A. McGrath and Frances Y. McGrath - Page 27




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               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.                           




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