Kelvin & Arlene Jackson - Page 20




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          Line 13, Depreciation and Section 179 Expense Deduction; Form               
          4562.  A taxpayer who fails to make the election is denied the              
          benefits of section 179.  See Visin v. Commissioner, supra; Verma           
          v. Commissioner, T.C. Memo. 2001-132; Fors v. Commissioner, T.C.            
          Memo. 1998-158; Starr v. Commissioner, T.C. Memo. 1995-190, affd.           
          without published opinion 99 F.3d 1146 (9th Cir. 1996).                     
               Petitioners deducted $6,902.80 on Schedule C of their 2000             
          joint Form 1040.  They failed to individually list the property             
          in respect of which they claimed this deduction.  Mrs. Jackson              
          admitted at trial that petitioners did not attach Form 4562 to              
          their 2000 joint Form 1040.  Respondent disallowed the entire               
          deduction, but conceded that petitioners are entitled to a                  
          depreciation expense of $1,069.17  As petitioners failed to make            
          the section 179 election, they are not entitled to the benefits             
          of section 179.  Accordingly, the Court sustains respondent on              
          this issue.                                                                 
               F. Miscellaneous Schedule C Deductions                                 
               On January 9, 2006, the night before trial, petitioners                
          presented to respondent various invoices to substantiate                    
          additional expenses for 2001.  Petitioners presented invoices for           
          advertising expenses, Internet design expenses, travel expenses,            
          mail and post office box expenses, and trade magazine expenses.             

               17Petitioners provided invoices for, inter alia, a Dell                
          computer, a digital camera, a scanner, and office furniture,                
          which substantiated $5,748.27 of their claimed deduction.                   





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