Michael H. Visin and Natalie Marselly - Page 11

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               placed in service.                                                     
               In respondent’s view, the computer equipment and software              
          that petitioner Michael H. Visin purchased and placed in service            
          in 1998 may not be expensed under section 179 because petitioners           
          failed to make an election on their return consistent with                  
          section 179(c) and the regulations thereunder.                              
               Section 179(c)(1) provides that an election under section              
          179 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 for the taxable year.                          
          Section 179(c)(1) goes on to provide that the election to expense           
          “shall be made in such manner as the Secretary may by regulations           
               Regulations regarding the time and manner of making an                 
          election under section 179 have been prescribed and may be found            
          in section 1.179-5, Income Tax Regs.  Specifically, section                 
          1.179-5(a), Income Tax Regs., requires a separate election for              
          each taxable year and, as relevant herein, that such election be            
          made on the taxpayer’s first income tax return for the taxable              
          year to which the election applies.  The regulation goes on to              
          track the statutory requirements of section 179(c)(1)(A) and (B).           
          Finally, the regulation requires that the taxpayer maintain                 

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Last modified: May 25, 2011