- 5 - address only whether the expenses were ordinary and necessary, and whether they were paid or incurred in connection with the business. A. Depreciation and Section 179 Expense For 2001, petitioner made an election under section 179 to expense a portion of the cost of the Astro Van. Petitioner claimed a $17,886 deduction, representing a business usage of 63.88 percent multiplied by a reported total cost of $28,000.3 Respondent determined that petitioner was not eligible to make the election. Respondent instead allowed petitioner a depreciation deduction of $1,071 and disallowed the remaining $16,815 claimed on Schedule C. For 2002, petitioner claimed depreciation and section 179 expense of $5,378. Respondent allowed petitioner a deduction of $2,401 for depreciation expense and disallowed the remaining $2,977. In general, a taxpayer is allowed as a depreciation deduction a reasonable allowance for the exhaustion, and wear and tear of property used in a trade or business. Sec. 167(a). Under section 179, a taxpayer may elect to expense the cost of certain property rather than capitalizing and depreciating the cost over time. See sec. 179(a); Govier v. Commissioner, T.C. 3 The parties stipulated that the cost of the Astro Van after rebate was $25,379. Petitioner did not explain why she calculated the sec. 179 deduction based on a cost of $28,000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007