The regulations provide guidance with
respect to section 179C of the Internal Revenue Code, which
provides a taxpayer can elect to treat 50% of the cost of
"qualified refinery property" as a deductible expense not
chargeable to capital account. The taxpayer makes an election under
section 179C by entering the amount of the deduction at the
appropriate place on the taxpayer's timely filed original federal
income tax return for the taxable year in which the qualified
refinery property is placed in service and by attaching a report
specifying (a) the name and address of the refinery and (b) the
production capacity requirement under which the refinery qualifies.
If the taxpayer making the expensing election described above is a
cooperative described in section 1381, and one or more persons
directly holding an ownership interest in the taxpayer are
organizations described in section 1381, the taxpayer can elect to
allocate all or a portion of the deduction allowable under section
179C to those persons. The allocation must be equal to the person's
ratable share of the total amount allocated, determined on the
basis of the person's ownership interest in the
taxpayer/cooperative. If the taxpayer/cooperative makes such an
election, it must provide written notice of the amount of the
allocation to any owner receiving an allocation by written notice
on Form 1099-PAT, Taxable Distributions Received from Cooperatives.
This notice must be provided before the due date (including
extensions) of the cooperative owner's federal income tax return
for the taxable year for which the election applies.
US Code:
26
USC 179C Name of Law: Election to expense certain
refineries
Philip Tiegerman 202 927-9524
philip.tiegerman@irscounsel.treas.gov
No
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