[Code of Federal Regulations]
[Title 26, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.179-2]

[Page 220-226]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.179-2  Limitations on amount subject to section 179 election.

    (a) In general. Sections 179(b) (1) and (2) limit the aggregate cost 
of section 179 property that a taxpayer may elect to expense under 
section 179 for any one taxable year (dollar limitation). See paragraph 
(b) of this section. Section 179(b)(3)(A) limits the aggregate cost of 
section 179 property that a taxpayer may deduct in any taxable year 
(taxable income limitation). See paragraph (c) of this section. Any cost 
that is elected to be expensed but that is not currently deductible 
because of the taxable income limitation may be carried forward to the 
next taxable year (carryover of disallowed deduction). See Sec. 1.179-3 
for rules relating to carryovers of disallowed deductions. See also 
sections 280F(a), (b), and (d)(1) relating to the coordination of 
section 179 with the limitations on the amount of depreciation for 
luxury automobiles and other listed property. The dollar and taxable 
income limitations apply to each taxpayer and not to each trade or 
business in which the taxpayer has an interest.
    (b) Dollar limitation--(1) In general. The aggregate cost of section 
179 property that a taxpayer may elect to expense under section 179 for 
any taxable year is $10,000 reduced (but not below zero) by the amount 
of any excess section 179 property (described in paragraph (b)(2) of 
this section) placed in service during the taxable year.
    (2) Excess section 179 property. The amount of any excess section 
179 property for a taxable year equals the excess (if any) of--
    (i) The cost of section 179 property placed in service by the 
taxpayer in the taxable year; over
    (ii) $200,000.
    (3) Application to partnerships--(i) In general. The dollar 
limitation of this paragraph (b) applies to the partnership as well as 
to each partner. In applying the dollar limitation to a taxpayer that is 
a partner in one or more partnerships, the partner's share of section 
179 expenses allocated to the partner from each partnership is 
aggregated with any nonpartnership section 179 expenses of the taxpayer 
for the taxable year. However, in determining the excess section 179 
property placed

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in service by a partner in a taxable year, the cost of section 179 
property placed in service by the partnership is not attributed to any 
partner.
    (ii) Example. The following example illustrates the provisions of 
paragraph (b)(3)(i) of this section.

    Example. During 1991, CD, a calendar-year partnership, purchases and 
places in service section 179 property costing $150,000 and elects under 
section 179(c) and Sec. 1.179-5 to expense $10,000 of the cost of that 
property. CD properly allocates to C, a calendar-year taxpayer and a 
partner in CD, $5,000 of section 179 expenses (C's distributive share of 
CD's section 179 expenses for 1991). In applying the dollar limitation 
to C for 1991, C must include the $5,000 of section 179 expenses 
allocated from CD. However, in determining the amount of any excess 
section 179 property C placed in service during 1991, C does not include 
any of the cost of section 179 property placed in service by CD, 
including the $5,000 of cost represented by the $5,000 of section 179 
expenses allocated to C by the partnership.

    (iii) Partner's share of section 179 expenses. Section 704 and the 
regulations thereunder govern the determination of a partner's share of 
a partnership's section 179 expenses for any taxable year. However, no 
allocation among partners of the section 179 expenses may be modified 
after the due date of the partnership return (without regard to 
extensions of time) for the taxable year for which the election under 
section 179 is made.
    (iv) Taxable year. If the taxable years of a partner and the 
partnership do not coincide, then for purposes of section 179, the 
amount of the partnership's section 179 expenses attributable to a 
partner for a taxable year is determined under section 706 and the 
regulations thereunder (generally the partner's distributive share of 
partnership section 179 expenses for the partnership year that ends with 
or within the partner's taxable year).
    (v) Example. The following example illustrates the provisions of 
paragraph (b)(3)(iv) of this section.

    Example. AB partnership has a taxable year ending January 31. A, a 
partner of AB, has a taxable year ending December 31. AB purchases and 
places in service section 179 property on March 10, 1991, and elects to 
expense a portion of the cost of that property under section 179. Under 
section 706 and Sec. 1.706-1(a)(1), A will be unable to claim A's 
distributive share of any of AB's section 179 expenses attributable to 
the property placed in service on March 10, 1991, until A's taxable year 
ending December 31, 1992.

    (4) S Corporations. Rules similar to those contained in paragraph 
(b)(3) of this section apply in the case of S corporations (as defined 
in section 1361(a)) and their shareholders. Each shareholder's share of 
the section 179 expenses of an S corporation is determined under section 
1366.
    (5) Joint returns--(i) In General. A husband and wife who file a 
joint income tax return under section 6013(a) are treated as one 
taxpayer in determining the amount of the dollar limitation under 
paragraph (b)(1) of this section, regardless of which spouse purchased 
the property or placed it in service.
    (ii) Joint returns filed after separate returns. In the case of a 
husband and wife who elect under section 6013(b) to file a joint income 
tax return for a taxable year after the time prescribed by law for 
filing the return for such taxable year has expired, the dollar 
limitation under paragraph (b)(1) of this section is the lesser of--
    (A) The dollar limitation (as determined under paragraph (b)(5)(i) 
of this section); or
    (B) The aggregate cost of section 179 property elected to be 
expensed by the husband and wife on their separate returns.
    (iii) Example. The following example illustrates the provisions of 
paragraph (b)(5)(ii) of this section.

    Example. During 1991, Mr. and Mrs. B, both calendar-year taxpayers, 
purchase and place in service section 179 property costing $100,000. On 
their separate returns for 1991, Mr. B elects to expense $3,000 of 
section 179 property as an expense and Mrs. B elects to expense $4,000. 
After the due date of the return they elect under section 6013(b) to 
file a joint income tax return for 1991. The dollar limitation for their 
joint income tax return is $7,000, the lesser of the dollar limitation 
($10,000) or the aggregate cost elected to be expensed under section 179 
on their separate returns ($3,000 elected by Mr. B plus $4,000 elected 
by Mrs. B, or $7,000).

    (6) Married individuals filing separately--(i) In general. In the 
case of an individual who is married but files a separate income tax 
return for a taxable year, the dollar limitation of this paragraph (b) 
for such taxable year is

[[Page 222]]

the amount that would be determined under paragraph (b)(5)(i) of this 
section if the individual filed a joint income tax return under section 
6013(a) multiplied by either the percentage elected by the individual 
under this paragraph (b)(6) or 50 percent. The election in the preceding 
sentence is made in accordance with the requirements of section 179(c) 
and Sec. 1.179-5. However, the amount determined under paragraph 
(b)(5)(i) of this section must be multiplied by 50 percent if either the 
individual or the individual's spouse does not elect a percentage under 
this paragraph (b)(6) or the sum of the percentages elected by the 
individual and the individual's spouse does not equal 100 percent. For 
purposes of this paragraph (b)(6), marital status is determined under 
section 7703 and the regulations thereunder.
    (ii) Example. The following example illustrates the provisions of 
paragraph (b)(6)(i) of this section.

    Example. Mr. and Mrs. D, both calendar-year taxpayers, file separate 
income tax returns for 1991. During 1991, Mr. D places $195,000 of 
section 179 property in service and Mrs. D places $9,000 of section 179 
property in service. Neither of them elects a percentage under paragraph 
(b)(6)(i) of this section. The 1991 dollar limitation for both Mr. D and 
Mrs. D is determined by multiplying by 50 percent the dollar limitation 
that would apply had they filed a joint income tax return. Had Mr. and 
Mrs. D filed a joint return for 1991, the dollar limitation would have 
been $6,000, $10,000 reduced by the excess section 179 property they 
placed in service during 1991 ($195,000 placed in service by Mr. D plus 
$9,000 placed in service by Mrs. D less $200,000, or $4,000). Thus, the 
1991 dollar limitation for Mr. and Mrs. D is $3,000 each ($6,000 
multiplied by 50 percent).

    (7) Component members of a controlled group--(i) In general. 
Component members of a controlled group (as defined in Sec. 1.179-4(f)) 
on December 31 are treated as one taxpayer in applying the dollar 
limitation of sections 179(b) (1) and (2) and this paragraph (b). The 
expense deduction may be taken by any one component member or allocated 
(for the taxable year of each member that includes that December 31) 
among the several members in any manner. Any allocation of the expense 
deduction must be pursuant to an allocation by the common parent 
corporation if a consolidated return is filed for all component members 
of the group, or in accordance with an agreement entered into by the 
members of the group if separate returns are filed. If a consolidated 
return is filed by some component members of the group and separate 
returns are filed by other component members, the common parent of the 
group filing the consolidated return must enter into an agreement with 
those members that do not join in filing the consolidated return 
allocating the amount between the group filing the consolidated return 
and the other component members of the controlled group that do not join 
in filing the consolidated return. The amount of the expense allocated 
to any component member, however, may not exceed the cost of section 179 
property actually purchased and placed in service by the member in the 
taxable year. If the component members have different taxable years, the 
term taxable year in sections 179(b) (1) and (2) means the taxable year 
of the member whose taxable year begins on the earliest date.
    (ii) Statement to be filed. If a consolidated return is filed, the 
common parent corporation must file a separate statement attached to the 
income tax return on which the election is made to claim an expense 
deduction under section 179. See Sec. 1.179-5. If separate returns are 
filed by some or all component members of the group, each component 
member not included in a consolidated return must file a separate 
statement attached to the income tax return on which an election is made 
to claim a deduction under section 179. The statement must include the 
name, address, employer identification number, and the taxable year of 
each component member of the controlled group, a copy of the allocation 
agreement signed by persons duly authorized to act on behalf of the 
component members, and a description of the manner in which the 
deduction under section 179 has been divided among the component 
members.
    (iii) Revocation. If a consolidated return is filed for all 
component members of the group, an allocation among such members of the 
expense deduction under section 179 may not be revoked

[[Page 223]]

after the due date of the return (including extensions of time) of the 
common parent corporation for the taxable year for which an election to 
take an expense deduction is made. If some or all of the component 
members of the controlled group file separate returns for taxable years 
including a particular December 31 for which an election to take the 
expense deduction is made, the allocation as to all members of the group 
may not be revoked after the due date of the return (including 
extensions of time) of the component member of the controlled group 
whose taxable year that includes such December 31 ends on the latest 
date.
    (c) Taxable income limitation--(1) In general. The aggregate cost of 
section 179 property elected to be expensed under section 179 that may 
be deducted for any taxable year may not exceed the aggregate amount of 
taxable income of the taxpayer for such taxable year that is derived 
from the active conduct by the taxpayer of any trade or business during 
the taxable year. For purposes of section 179(b)(3) and this paragraph 
(c), the aggregate amount of taxable income derived from the active 
conduct by an individual, a partnership, or an S corporation of any 
trade or business is computed by aggregating the net income (or loss) 
from all of the trades or businesses actively conducted by the 
individual, partnership, or S corporation during the taxable year. Items 
of income that are derived from the active conduct of a trade or 
business include section 1231 gains (or losses) from the trade or 
business and interest from working capital of the trade or business. 
Taxable income derived from the active conduct of a trade or business is 
computed without regard to the deduction allowable under section 179, 
any section 164(f) deduction, any net operating loss carryback or 
carryforward, and deductions suspended under any section of the Code. 
See paragraph (c)(6) of this section for rules on determining whether a 
taxpayer is engaged in the active conduct of a trade or business for 
this purpose.
    (2) Application to partnerships and partners--(i) In general. The 
taxable income limitation of this paragraph (c) applies to the 
partnership as well as to each partner. Thus, the partnership may not 
allocate to its partners as a section 179 expense deduction for any 
taxable year more than the partnership's taxable income limitation for 
that taxable year, and a partner may not deduct as a section 179 expense 
deduction for any taxable year more than the partner's taxable income 
limitation for that taxable year.
    (ii) Taxable year. If the taxable year of a partner and the 
partnership do not coincide, then for purposes of section 179, the 
amount of the partnership's taxable income attributable to a partner for 
a taxable year is determined under section 706 and the regulations 
thereunder (generally the partner's distributive share of partnership 
taxable income for the partnership year that ends with or within the 
partner's taxable year).
    (iii) Example. The following example illustrates the provisions of 
paragraph (c)(2)(ii) of this section.

    Example AB partnership has a taxable year ending January 31. A, a 
partner of AB, has a taxable year ending December 31. For AB's taxable 
year ending January 31, 1992, AB has taxable income from the active 
conduct of its trade or business of $100,000, $90,000 of which was 
earned during 1991. Under section 706 and Sec. 1.706-1(a)(1), A 
includes A's entire share of partnership taxable income in computing A's 
taxable income limitation for A's taxable year ending December 31, 1992.

    (iv) Taxable income of a partnership. The taxable income (or loss) 
derived from the active conduct by a partnership of any trade or 
business is computed by aggregating the net income (or loss) from all of 
the trades or businesses actively conducted by the partnership during 
the taxable year. The net income (or loss) from a trade or business 
actively conducted by the partnership is determined by taking into 
account the aggregate amount of the partnership's items described in 
section 702(a) (other than credits, tax-exempt income, and guaranteed 
payments under section 707(c)) derived from that trade or business. For 
purposes of determining the aggregate amount of partnership items, 
deductions and losses are treated as negative income. Any limitation on 
the amount

[[Page 224]]

of a partnership item described in section 702(a) which may be taken 
into account for purposes of computing the taxable income of a partner 
shall be disregarded in computing the taxable income of the partnership.
    (v) Partner's share of partnership taxable income. A taxpayer who is 
a partner in a partnership and is engaged in the active conduct of at 
least one of the partnership's trades or businesses includes as taxable 
income derived from the active conduct of a trade or business the amount 
of the taxpayer's allocable share of taxable income derived from the 
active conduct by the partnership of any trade or business (as 
determined under paragraph (c)(2)(iv) of this section).
    (3) S corporations and S corporation shareholders--(i) In general. 
Rules similar to those contained in paragraphs (c)(2) (i) and (ii) of 
this section apply in the case of S corporations (as defined in section 
1361(a)) and their shareholders. Each shareholder's share of the taxable 
income of an S corporation is determined under section 1366.
    (ii) Taxable income of an S corporation. The taxable income (or 
loss) derived from the active conduct by an S corporation of any trade 
or business is computed by aggregating the net income (or loss) from all 
of the trades or businesses actively conducted by the S corporation 
during the taxable year. The net income (or loss) from a trade or 
business actively conducted by an S corporation is determined by taking 
into account the aggregate amount of the S corporation's items described 
in section 1366(a) (other than credits, tax-exempt income, and 
deductions for compensation paid to an S corporation's shareholder-
employees) derived from that trade or business. For purposes of 
determining the aggregate amount of S corporation items, deductions and 
losses are treated as negative income. Any limitation on the amount of 
an S corporation item described in section 1366(a) which may be taken 
into account for purposes of computing the taxable income of a 
shareholder shall be disregarded in computing the taxable income of the 
S corporation.
    (iii) Shareholder's share of S corporation taxable income. Rules 
similar to those contained in paragraph (c)(2)(v) and (c)(6)(ii) of this 
section apply to a taxpayer who is a shareholder in an S corporation and 
is engaged in the active conduct of the S corporation's trades or 
businesses.
    (4) Taxable income of a corporation other than an S corporation. The 
aggregate amount of taxable income derived from the active conduct by a 
corporation other than an S corporation of any trade or business is the 
amount of the corporation's taxable income before deducting its net 
operating loss deduction and special deductions (as reported on the 
corporation's income tax return), adjusted to reflect those items of 
income or deduction included in that amount that were not derived by the 
corporation from a trade or business actively conducted by the 
corporation during the taxable year.
    (5) Ordering rule for certain circular problems--(i) In general. A 
taxpayer who elects to expense the cost of section 179 property (the 
deduction of which is subject to the taxable income limitation) also may 
have to apply another Internal Revenue Code section that has a 
limitation based on the taxpayer's taxable income. Except as provided in 
paragraph (c)(1) of this section, this section provides rules for 
applying the taxable income limitation under section 179 in such a case. 
First, taxable income is computed for the other section of the Internal 
Revenue Code. In computing the taxable income of the taxpayer for the 
other section of the Internal Revenue Code, the taxpayer's section 179 
deduction is computed by assuming that the taxpayer's taxable income is 
determined without regard to the deduction under the other Internal 
Revenue Code section. Next, after reducing taxable income by the amount 
of the section 179 deduction so computed, a hypothetical amount of 
deduction is determined for the other section of the Internal Revenue 
Code. The taxable income limitation of the taxpayer under section 
179(b)(3) and this paragraph (c) then is computed by including that 
hypothetical amount in determining taxable income.
    (ii) Example. The following example illustrates the ordering rule 
described in paragraph (c)(5)(i) of this section.

    Example. X, a calendar-year corporation, elects to expense $10,000 
of the cost of section

[[Page 225]]

179 property purchased and placed in service during 1991. Assume X's 
dollar limitation is $10,000. X also gives a charitable contribution of 
$5,000 during the taxable year. X's taxable income for purposes of both 
sections 179 and 170(b)(2), but without regard to any deduction 
allowable under either section 179 or section 170, is $11,000. In 
determining X's taxable income limitation under section 179(b)(3) and 
this paragraph (c), X must first compute its section 170 deduction. 
However, section 170(b)(2) limits X's charitable contribution to 10 
percent of its taxable income determined by taking into account its 
section 179 deduction. Paragraph (c)(5)(i) of this section provides that 
in determining X's section 179 deduction for 1991, X first computes a 
hypothetical section 170 deduction by assuming that its section 179 
deduction is not affected by the section 170 deduction. Thus, in 
computing X's hypothetical section 170 deduction, X's taxable income 
limitation under section 179 is $11,000 and its section 179 deduction is 
$10,000. X's hypothetical section 170 deduction is $100 (10 percent of 
$1,000 ($11,000 less $10,000 section 179 deduction)). X's taxable income 
limitation for section 179 purposes is then computed by deducting the 
hypothetical charitable contribution of $100 for 1991. Thus, X's section 
179 taxable income limitation is $10,900 ($11,000 less hypothetical $100 
section 170 deduction), and its section 179 deduction for 1991 is 
$10,000. X's section 179 deduction so calculated applies for all 
purposes of the Code, including the computation of its actual section 
170 deduction.

    (6) Active conduct by the taxpayer of a trade or business--(i) Trade 
or business. For purposes of this section and Sec. 1.179-4(a), the term 
trade or business has the same meaning as in section 162 and the 
regulations thereunder. Thus, property held merely for the production of 
income or used in an activity not engaged in for profit (as described in 
section 183) does not qualify as section 179 property and taxable income 
derived from property held for the production of income or from an 
activity not engaged in for profit is not taken into account in 
determining the taxable income limitation.
    (ii) Active conduct. For purposes of this section, the determination 
of whether a trade or business is actively conducted by the taxpayer is 
to be made from all the facts and circumstances and is to be applied in 
light of the purpose of the active conduct requirement of section 
179(b)(3)(A). In the context of section 179, the purpose of the active 
conduct requirement is to prevent a passive investor in a trade or 
business from deducting section 179 expenses against taxable income 
derived from that trade or business. Consistent with this purpose, a 
taxpayer generally is considered to actively conduct a trade or business 
if the taxpayer meaningfully participates in the management or 
operations of the trade or business. Generally, a partner is considered 
to actively conduct a trade or business of the partnership if the 
partner meaningfully participates in the management or operations of the 
trade or business. A mere passive investor in a trade or business does 
not actively conduct the trade or business.
    (iii) Example. The following example illustrates the provisions of 
paragraph (c)(6)(ii) of this section.

    Example. A owns a salon as a sole proprietorship and employs B to 
operate it. A periodically meets with B to review developments relating 
to the business. A also approves the salon's annual budget that is 
prepared by B. B performs all the necessary operating functions, 
including hiring beauticians, acquiring the necessary beauty supplies, 
and writing the checks to pay all bills and the beauticians' salaries. 
In 1991, B purchased, as provided for in the salon's annual budget, 
equipment costing $9,500 for use in the active conduct of the salon. 
There were no other purchases of section 179 property during 1991. A's 
net income from the salon, before any section 179 deduction, totaled 
$8,000. A also is a partner in PRS, a calendar-year partnership, which 
owns a grocery store. C, a partner in PRS, runs the grocery store for 
the partnership, making all the management and operating decisions. PRS 
did not purchase any section 179 property during 1991. A's allocable 
share of partnership net income was $6,000. Based on the facts and 
circumstances, A meaningfully participates in the management of the 
salon. However, A does not meaningfully participate in the management or 
operations of the trade or business of PRS. Under section 179(b)(3)(A) 
and this paragraph (c), A's aggregate taxable income derived from the 
active conduct by A of any trade or business is $8,000, the net income 
from the salon.

    (iv) Employees. For purposes of this section, employees are 
considered to be engaged in the active conduct of the trade or business 
of their employment. Thus, wages, salaries, tips, and other compensation 
(not reduced by unreimbursed employee business expenses) derived by a 
taxpayer as an employee are included in the aggregate amount of

[[Page 226]]

taxable income of the taxpayer under paragraph (c)(1) of this section.
    (7) Joint returns--(i) In general. The taxable income limitation of 
this paragraph (c) is applied to a husband and wife who file a joint 
income tax return under section 6013(a) by aggregating the taxable 
income of each spouse (as determined under paragraph (c)(1) of this 
section).
    (ii) Joint returns filed after separate returns. In the case of a 
husband and wife who elect under section 6013(b) to file a joint income 
tax return for a taxable year after the time prescribed by law for 
filing the return for such taxable year, the taxable income limitation 
of this paragraph (c) for the taxable year for which the joint return is 
filed is determined under paragraph (c)(7)(i) of this section.
    (8) Married individuals filing separately. In the case of an 
individual who is married but files a separate tax return for a taxable 
year, the taxable income limitation for that individual is determined 
under paragraph (c)(1) of this section by treating the husband and wife 
as separate taxpayers.
    (d) Examples. The following examples illustrate the provisions of 
paragraphs (b) and (c) of this section.

    Example 1. (i) During 1991, PRS, a calendar-year partnership, 
purchases and places in service $50,000 of section 179 property. The 
taxable income of PRS derived from the active conduct of all its trades 
or businesses (as determined under paragraph (c)(1) of this section) is 
$8,000.
    (ii) Under the dollar limitation of paragraph (b) of this section, 
PRS may elect to expense $10,000 of the cost of section 179 property 
purchased in 1991. Assume PRS elects under section 179( c) and Sec. 
1.179-5 to expense $10,000 of the cost of section 179 property purchased 
in 1991.
    (iii) Under the taxable income limitation of paragraph (c) of this 
section, PRS may allocate to its partners as a deduction only $8,000 of 
the cost of section 179 property in 1991. Under section 179(b)(3)(B) and 
Sec. 1.179-3(a), PRS may carry forward the remaining $2,000 it elected 
to expense, which would have been deductible under section 179(a) for 
1991 absent the taxable income limitation.
    Example 2. (i) The facts are the same as in Example 1, except that 
on December 31, 1991, PRS allocates to A, a calendar-year taxpayer and a 
partner in PRS, $7,000 of section 179 expenses and $2,000 of taxable 
income. A was engaged in the active conduct of a trade or business of 
PRS during 1991.
    (ii) In addition to being a partner in PRS, A conducts a business as 
a sole proprietor. During 1991, A purchases and places in service 
$201,000 of section 179 property in connection with the sole 
proprietorship. A's 1991 taxable income derived from the active conduct 
of this business is $6,000.
    (iii) Under the dollar limitation, A may elect to expense only 
$9,000 of the cost of section 179 property purchased in 1991, the 
$10,000 limit reduced by $1,000 (the amount by which the cost of section 
179 property placed in service during 1991 ($201,000) exceeds $200,000). 
Under paragraph (b)(3)(i) of this section, the $7,000 of section 179 
expenses allocated from PRS is subject to the $9,000 limit. Assume that 
A elects to expense $2,000 of the cost of section 179 property purchased 
by A's sole proprietorship in 1991. Thus, A has elected to expense under 
section 179 an amount equal to the dollar limitation for 1991 ($2,000 
elected to be expensed by A's sole proprietorship plus $7,000, the 
amount of PRS's section 179 expenses allocated to A in 1991).
    (iv) Under the taxable income limitation, A may only deduct $8,000 
of the cost of section 179 property elected to be expensed in 1991, the 
aggregate taxable income derived from the active conduct of A's trades 
or businesses in 1991 ($2,000 from PRS and $6,000 from A's sole 
proprietorship). The entire $2,000 of taxable income allocated from PRS 
is included by A as taxable income derived from the active conduct by A 
of a trade or business because it was derived from the active conduct of 
a trade or business by PRS and A was engaged in the active conduct of a 
trade or business of PRS during 1991. Under section 179(b)(3)(B) and 
Sec. 1.179-3(a), A may carry forward the remaining $1,000 A elected to 
expense, which would have been deductible under section 179(a) for 1991 
absent the taxable income limitation.

[T.D. 8455, 57 FR 61318, Dec. 24, 1992]