- 20 - Section 179(a) generally allows a taxpayer to elect to treat the cost of section 179 property as a current expense in the year the property is placed in service, within certain dollar limitations. Sec. 179(b). The election must be made on the taxpayer’s first income tax return (whether or not the return is timely) or on an amended return filed within the time prescribed by law (including extensions) for filing the original return for such year. Sec. 179(c)(1)(B); Genck v. Commissioner, T.C. Memo. 1998-105; sec 1.179-5(a), Income Tax Regs. A taxpayer may not elect to expense the cost of section 179 property in a year other than the year in which the property is placed in service. Kay v. Commissioner, T.C. Memo. 2002-197, affd. 85 Fed. Appx. 362 (5th Cir. 2003). Petitioners’ truck was placed in service in 2001, and petitioners were required to make the election under section 179 on their 2001 return. Petitioners did not elect to expense the cost of the truck on their 2001 return. Instead, they claimed a $7,000 depreciation deduction for the truck, depreciating the $35,000 cost of the truck over 5 years using the straight-line method. Their attempt to make the section 179 election on their 2002 return was ineffective. See Kay v. Commissioner, supra. We hold that petitioners are entitled to deduct $7,000 for depreciation of the truck for each year in issue.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011