- 4 - to claim a depreciation deduction for the cost of the SUV in the maximum amount allowed under section 179. Respondent maintains that petitioners failed to make a valid election as required under section 179 to depreciate the SUV and that the $24,000 expense deduction claimed on the 2003 return should be disallowed because petitioners have not substantiated that expense as an employee business expense. Under section 179, a taxpayer may elect to treat the cost of certain property used in an active trade or business as a current expense in the year such property is placed in service. Sec. 179(a). The aggregate cost that a taxpayer can deduct under section 179 for 2003 is $25,000. Sec. 179(b). Section 179(c)(1) provides that an election must: (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. The benefits of section 179 require an affirmative election to be made on a taxpayer’s original return or a timely filed amended return. See Starr v. Commissioner, T.C. Memo. 1995-190, affd. without published opinion 99 F.3d 1146 (9th Cir. 1996). Petitioners failed to elect explicitly to deduct the cost of their SUV as a section 179 expense on their 2003 return. Although they attached a Schedule C to their return listing theirPage: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007