Kelvin & Arlene Jackson - Page 14




                                       - 14 -                                         
          election.  See sec. 1.195-1(b), Income Tax Regs.  A taxpayer                
          makes an election by attaching a statement (election statement)             
          to his or her tax return, which must be filed no later than the             
          date prescribed for filing the return, including extensions, for            
          the taxable year in which the active trade or business begins.14            
          Sec. 195(d); sec. 1.195-1(b), Income Tax Regs.  The election                
          statement must provide the following information:                           
               The statement shall set forth a description of the                     
               trade or business to which it relates with sufficient                  
               detail so that expenses relating to the trade or                       
               business can be identified properly for the taxable                    
               year in which the statement is filed and for all future                
               taxable years to which it relates.  The statement also                 
               shall include the number of months (not less than 60)                  
               over which the expenditures are to be amortized, and to                
               the extent known at the time the statement is filed, a                 
               description of each start-up expenditure incurred                      
               (whether or not paid) and the month in which the active                
               trade or business began (or was acquired).  * * *                      
               [Sec. 1.195-1(c), Income Tax Regs.]                                    
               Once effective, the election applies to all startup                    
          expenditures related to the active trade or business and is                 
          irrevocable.  Sec. 1.195-1(a), Income Tax Regs.  A taxpayer may             
          file a revised statement that includes any startup expenditures             
          not included in the original statement.  Sec. 1.195-1(c), Income            
          Tax Regs.                                                                   


               14The election statement may be attached to, and filed with,           
          a tax return for a taxable year preceding the taxable year in               
          which the taxpayer’s trade or business becomes active.  Sec.                
          1.195-1(b), Income Tax Regs.  The election does not become                  
          effective until the first month in which the taxpayer’s trade or            
          business becomes active.  Id.                                               





Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next 

Last modified: March 27, 2008