Thomas James Allen - Page 10

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          determined by respondent, nor has he shown that the education               
          expense allowed should be a Schedule C deduction, rather than a             
          Schedule A itemized deduction.  Respondent is sustained on this             
          issue.                                                                      
               Even had petitioner established that he spent the amounts              
          claimed, supra, for a telephone, two cellular phones, two pagers,           
          and a laptop computer, petitioner would not be entitled to deduct           
          the amounts expended for those items on Schedule C of his 1998              
          return.2                                                                    
               Section 179 permits taxpayers (other than estates, trusts              
          and certain noncorporate lessors) to elect to deduct the cost of            
          qualifying depreciable property in the year in which the property           
          is placed in service rather than to recover the cost through                
          depreciation.                                                               
               A section 179 election to expense the cost of qualifying               
          property must be made on either (1) the taxpayer’s first return             
          for the tax year in which the property is placed in service or              
          (2) an amended return that is filed prior to the due date                   
          (including extensions) for filing the return.  Sec. 1.179-5(a),             
          Income Tax Regs.  The election is made on Form 4562, Depreciation           
          and Amortization.  Petitioner did not elect to expense the above-           




          2         We need not and do not decide whether the above-                  
          mentioned property constitutes qualifying depreciable property.             




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