[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: 26CFR1.190-3]

[Page 265-266]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.190-3  Election to deduct architectural and transportation barrier 
removal expenses.

    (a) Manner of making election. The election to deduct expenditures 
for removal of architectural and transportation barriers provided by 
section 190(a) shall be made by claiming the deduction as a separate 
item identified as such on the taxpayer's income tax return for the 
taxable year for which such election is to apply (or, in the case of a 
partnership, to the return of partnership income for such year). For the 
election to be valid, the return must be filed not later than the time 
prescribed by law for filing the return (including extensions thereof) 
for the taxable year for which the election is to apply.
    (b) Scope of election. An election under section 190(a) shall apply 
to all expenditures described in Sec. 1.190-2 (or in the case of a 
taxpayer whose architectural and transportation barrier removal expenses 
exceed $25,000 for the taxable year, to the $25,000 of such expenses 
with respect to which the deduction is claimed) paid or incurred during 
the taxable year for which made and shall be irrevocable after the date 
by which any such election must have been made.
    (c) Records to be kept. In any case in which an election is made 
under section 190(a), the taxpayer shall have available, for the period 
prescribed by paragraph (e) of Sec. 1.6001-1 of this chapter (Income 
Tax Regulations), records and documentation, including architectural 
plans and blueprints, contracts, and any building permits, of all the 
facts necessary to determine the amount of any deduction to which he is

[[Page 266]]

entitled by reason of the election, as well as the amount of any 
adjustment to basis made for expenditures in excess of the amount 
deductible under section 190.

[T.D. 7634, 44 FR 13273, July 24, 1979]