[Code of Federal Regulations]
[Title 26, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.179-4]

[Page 229-230]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
COMPUTATION OF TAXABLE INCOME (Continued)--Table of Contents
 
Sec. 1.179-4  Definitions.

    The following definitions apply for purposes of section 179 and 
Secs. 1.179-1 through 1.179-6:
    (a) Section 179 property. The term section 179 property means any 
tangible property described in section 179(d)(1) that is acquired by 
purchase for use in the active conduct of the taxpayer's trade or 
business (as described in Sec. 1.179-2(c)(6)). For purposes of this 
paragraph (a), the term trade or business has the same meaning as in 
section 162 and the regulations thereunder.
    (b) Section 38 property. The term section 38 property shall have the 
same meaning assigned to it in section 48(a) and the regulations 
thereunder.
    (c) Purchase. (1)(i) Except as otherwise provided in paragraph 
(d)(2) of this section, the term purchase means any acquisition of the 
property, but only if all the requirements of paragraphs (c)(1) (ii), 
(iii), and (iv) of this section are satisfied.
    (ii) Property is not acquired by purchase if it is acquired from a 
person whose relationship to the person acquiring it would result in the 
disallowance of losses under section 267 or 707(b). The property is 
considered not acquired by purchase only to the extent that losses would 
be disallowed under section 267 or 707(b). Thus, for example, if 
property is purchased by a husband and wife jointly from the husband's 
father, the property will be treated as not acquired by purchase only to 
the extent of the husband's interest in the property. However, in 
applying the rules of section 267 (b) and (c) for this purpose, section 
267(c)(4) shall be treated as providing that the family of an individual 
will include only his spouse, ancestors, and lineal descendants. For 
example, a purchase of property from a corporation by a taxpayer who 
owns, directly or indirectly, more than 50 percent in value of the 
outstanding stock of such corporation does not qualify as a purchase 
under section 179(d)(2); nor does the purchase of property by a husband 
from his wife. However, the purchase of section 179 property by a 
taxpayer from his brother or sister does qualify as a purchase for 
purposes of section 179(d)(2).
    (iii) The property is not acquired by purchase if acquired from a 
component member of a controlled group of corporations (as defined in 
paragraph (g) of this section) by another component member of the same 
group.
    (iv) The property is not acquired by purchase if the basis of the 
property in the hands of the person acquiring it is determined in whole 
or in part by reference to the adjusted basis of such property in the 
hands of the person from whom acquired, or is determined under section 
1014(a), relating to property acquired from a decedent. For example, 
property acquired by gift or bequest does not qualify as property 
acquired by purchase for purposes of section 179(d)(2); nor does 
property received in a corporate distribution the basis of which is 
determined under section 301(d)(2)(B), property acquired by a 
corporation in a transaction to which section 351 applies, property 
acquired by a partnership through contribution (section 723), or 
property received in a partnership distribution which has a carryover 
basis under section 732(a)(1).
    (2) Property deemed to have been acquired by a new target 
corporation as a result of a section 338 election (relating to certain 
stock purchases treated as asset acquisitions) will be considered 
acquired by purchase.
    (d) Cost. The cost of section 179 property does not include so much 
of the basis of such property as is determined by reference to the basis 
of other property held at any time by the taxpayer. For example, X 
Corporation purchases a new drill press costing $10,000 in November 1984 
which qualifies as section 179 property, and is granted a trade-in 
allowance of $2,000 on its old drill press. The old drill press had a 
basis of $1,200. Under the provisions of sections 1012 and 1031(d), the 
basis of the new drill press is $9,200 ($1,200 basis of oil drill press 
plus cash expended of $8,000). However, only $8,000 of the basis of the

[[Page 230]]

new drill press qualifies as cost for purposes of the section 179 
expense deduction; the remaining $1,200 is not part of the cost because 
it is determined by reference to the basis of the old drill press.
    (e) Placed in service. The term placed in service means the time 
that property is first placed by the taxpayer in a condition or state of 
readiness and availability for a specifically assigned function, whether 
for use in a trade or business, for the production of income, in a tax-
exempt activity, or in a personal activity. See Sec. 1.46-3(d)(2) for 
examples regarding when property shall be considered in a condition or 
state of readiness and availability for a specifically assigned 
function.
    (f) Controlled group of corporations and component member of 
controlled group. The terms controlled group of corporations and 
component member of a controlled group of corporations shall have the 
same meaning assigned to those terms in section 1563 (a) and (b), except 
that the phrase ``more than 50 percent'' shall be substituted for the 
phrase ``at least 80 percent'' each place it appears in section 
1563(a)(1).

[T.D. 8121, 52 FR 413, Jan. 6, 1987. Redesignated by T.D. 8455, 57 FR 
61321, 61323, Dec. 24, 1992]