[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: 26CFR1.179-5]

[Page 230-231]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.179-5  Time and manner of making election.

    (a) Election. A separate election must be made for each taxable year 
in which a section 179 expense deduction is claimed with respect to 
section 179 property. The election under section 179 and Sec. 1.179-1 
to claim a section 179 expense deduction for section 179 property shall 
be made on the taxpayer's first income tax return for the taxable year 
to which the election applies (whether or not the return is timely) or 
on an amended return filed within the time prescribed by law (including 
extensions) for filing the return for such taxable year. The election 
shall be made by showing as a separate item on the taxpayer's income tax 
return the following items:
    (1) The total section 179 expense deduction claimed with respect to 
all section 179 property selected, and
    (2) The portion of that deduction allocable to each specific item.

The person shall maintain records which permit specific identification 
of each piece of section 179 property and reflect how and from whom such 
property was acquired and when such property was placed in service. 
However, for this purpose a partner (or an S corporation shareholder) 
treats partnership (or S corporation) section 179 property for which 
section 179 expenses are allocated from a partnership (or an S 
corporation) as one item of section 179 property. The election to claim 
a section 179 expense deduction under this section, with respect to any 
property, is irrevocable and will be binding on the taxpayer with 
respect to such property for the taxable year for which the election is 
made and for all subsequent taxable years, unless the Commissioner 
consents to the revocation of the election. Similarly, the selection of 
section 179 property by the taxpayer to be subject to the expense 
deduction and apportionment scheme must be adhered to in computing the 
taxpayer's taxable income for the taxable year for which

[[Page 231]]

the election is made and for all subsequent taxable years, unless 
consent to change is given by the Commissioner.
    (b) Revocation. Any election made under section 179, and any 
specification contained in such election, may not be revoked except with 
the consent of the Commissioner. Such consent will be granted only in 
extraordinary circumstances. Requests for consent must be filed with the 
Commissioner of Internal Revenue, Washington, DC 20224. The request must 
include the name, address, and taxpayer identification number of the 
taxpayer and must be signed by the taxpayer or his duly authorized 
representative. It must be accompanied by a statement showing the year 
and property involved, and must set forth in detail the reasons for the 
request.

[T.D. 8121, 52 FR 414, Jan. 6, 1987. Redesignated by T.D. 8455, 57 FR 
61321, 61323, Dec. 24, 1992]