Michael and Calvineta Byard - Page 5




                                        - 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 their           







Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 10, 2007