- 19 - 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)”.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: March 27, 2008