Kelvin & Arlene Jackson - Page 19




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          Section 179 property was, during the taxable years at issue,                
          tangible personal property and certain other property listed in             
          section 1245(a)(3).  See secs. 179(d)(1), 1245(a)(3).                       
               Section 179 has its own substantiation and election                    
          requirements.  The taxpayer must maintain records reflecting how            
          and from whom the section 179 property was acquired and when it             
          was placed in service.  Sec. 1.179-5(a), Income Tax Regs.  A                
          section 179 election must be made on the taxpayer’s first income            
          tax return for the taxable year the property is placed in                   
          service, 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); sec. 1.179-5(a), Income Tax Regs.  The section 179            
          election must specify the total section 179 expense deduction               
          claimed and enumerate the portion of that deduction allocable to            
          each specific item.  Sec. 179(c)(1); sec. 1.179-5(a)(1) and (2),            
          Income Tax Regs.                                                            
               The election is normally made by attaching Form 4562,                  
          Depreciation and Amortization, to the taxpayer’s return.16  Visin           
          v. Commissioner, T.C. Memo. 2003-246, affd. 122 Fed. Appx. 363              
          (9th Cir. 2005); see 2000 Instructions for Schedule C, Profit or            
          Loss From Business, Specific Instructions, Part II. Expenses,               


               16Part I of Form 4562 is entitled “Election to Expense                 
          Certain Tangible Property (Section 179)”.                                   





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