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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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