- 156 - for property in the first taxable year that it is placed in service. Section 1.46-3(d)(4)(ii), Income Tax Regs., provides the following exception: if, for the first taxable year in which property is placed in service by the taxpayer, the property qualifies as section 38 property but the basis of the property does not reflect its full cost for the reason that the total amount to be paid or incurred by the taxpayer for the property is indeterminate, a credit shall be allowed to the taxpayer for such first taxable year with respect to so much of the cost as is reflected in the basis of the property as of the close of such year, and an additional credit shall be allowed to the taxpayer for any subsequent taxable year with respect to the additional cost paid or incurred during such year and reflected in the basis of the property as of the close of such year. Section 1.46-3(d)(4)(ii), Income Tax Regs., provides the taxpayer with an ITC in subsequent years when the cost of the property actually placed in service is indeterminate in the year it is placed in service. However, this regulation does not allow a credit for additional components or property placed in service in subsequent years. We agree with respondent that this regulation has limited applicability. Section 1.46-3(d)(4)(ii), Income Tax Regs., applies only to property that the taxpayer actually placed in service in the first taxable year, where the “basis” of the components of the property that was actually placed in service does not reflect the full cost of the property because “the total amount to be paid or incurred by the taxpayer for the property is indeterminate”.Page: Previous 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 Next
Last modified: May 25, 2011