Pub. L. 91-172, tit. VII, sec. 707
AMORTIZATION OF CERTAIN COAL MINE SAFETY EQUIPMENT.
SEC. 707. AMORTIZATION OF CERTAIN COAL MINE SAFETY EQUIPMENT. (a) Allowance.—Part VI of subchapter B of chapter 1 (relating to itemized deductions for individuals and corporations) is amended by adding after section 186 (added by section 904 of this Act) the following new section. “SEC. 187. AMORTIZATION OF CERTAIN COAL MINE SAFETY EQUIPMENT. “(a) Allowance of Deduction.—Every person, at his election, shall be entitled to a deduction with respect to the amortization of the adjusted basis (for determining gain) of any certified coal mine safety equipment (as defined in subsection (d)), based on a period of 60 months. Such amortization deduction shall be an amount, with respect to each month of such period within the taxable year, equal to the adjusted basis of the certified coal mine safety equipment at the end of such month divided by the number of months (including the month for which the deduction is computed) remaining in the period. Such adjusted basis at the end of the month shall be computed without regard to the amortization deduction for such month. The amortization deduction provided by this section with respect to any certified coal mine safety equipment for any month shall be in lieu of the depreciation deduction with respect to such equipment for such month provided by section 167. The 60-month period shall begin, as to any certified coal mine safety equipment, at the election of the taxpayer, with the month following the month in which such equipment was placed in service or with the succeeding taxable year. “(b) Election of Amortization.—The election of the taxpayer to take the amortization deduction and to begin the 60-month period with the month following the month in which the certified coal mine safety equipment was placed in service, or with the taxable year succeeding the taxable year in which such equipment is placed in service, shall be made by filing with the Secretary or his delegate, in such manner, in such form, and within such time, as the Secretary or his delegate may by regulations prescribe, a statement of such election. “(c) Termination of Amortization Deduction.—A taxpayer which has elected under subsection (b) to take the amortization deduc-83 Stat. 675tion provided by subsection (a) may, at any time after making such election, discontinue the amortization deduction with respect to the remainder of the amortization period, such discontinuance to begin as of the beginning of any month specified by the taxpayer in a notice in writing filed with the Secretary or his delegate before the beginning of such month. The depreciation deduction provided under section 167 shall be allowed, beginning with the first month as to which the amortization deduction does not apply, and the taxpayer shall not be entitled to any further amortization deduction under this section with respect to such equipment. “(d) Certified Coal Mine Safety Equipment.—For purposes of this section, the term ‘certified coal mine safety equipment’ means property which— “(1) is electric face equipment (within the meaning of section 305 of the Federal Coal Mine Health and Safety Act of 1969) required in order to meet the requirements of section 305(a)(2) of such Act, “(2) the Secretary of the Interior certifies is permissible within the meaning of such section 305(a)(2), and “(3) is placed in service before January 1, 1975. For purposes of this section, any property placed in service in connection with any used electric face equipment which the Secretary of the Interior certifies makes such electric face equipment permissible shall be treated as a separate item of certified coal mine safety equipment. “(e) Special Rules.— “(1) The adjusted basis of any certified coal mine safety equipment, with respect to which an election is made under this section, shall not be increased, for purposes of this section, for amounts chargeable to capital account for additions or improvements after the amortization period has begun. “(2) The depreciation deduction provided by section 167 shall, despite the provisions of subsection (a), be allowed with respect to the portion of the adjusted basis which is not taken into account in applying this section.” (b) Clerical Amendment.—The table of sections for part VI of subchapter B of the chapter 1 is amended by adding at the end thereof the following new item: “Sec. 187. Amortization of certain coal mine safety equipment.” (c) Effective Date.—The amendments made by this section shall apply to taxable years ending after December 31, 1969.