n-01-70.pdf

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# Part III - Administrative, Procedural, and Miscellaneous

Additional disaster relief for taxpayers affected by the September 11, 2001, terrorist
attack - mid-quarter convention relief.

Notice 2001-70

This notice announces that the Treasury Department and the Internal Revenue
Service intend to issue regulations permitting taxpayers to elect not to apply the
mid-quarter convention rules contained in § 168(d)(3) of the Internal Revenue Code to
certain property placed in service in the taxable year that includes September 11, 2001.
This notice also provides taxpayers a mechanism for making the election before
regulations are issued.

Section 168(d)(3) generally provides that, except as provided in regulations, if
the aggregate basis of property placed in service during the last three months of the
taxable year exceeds 40 percent of the aggregate basis of property (other than property
described in § 168(d)(3)(B)) placed in service during the taxable year, the applicable
depreciation convention for all property (other than property described in § 168(d)(2)) to
which § 168 applies placed in service during the taxable year is the mid-quarter
convention.

Many taxpayers time the acquisition and placing in service of property within a
taxable year to avoid application of the mid-quarter convention. Treasury and the
Service have been made aware that, as a result of events related to the
September 11, 2001, terrorist attacks, many taxpayers have encountered difficulty
completing the acquisition and placing in service of property in accordance with plans

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developed earlier in the year, and certain taxpayers would choose to delay acquisition
and placing of property in service during the last quarter of their taxable year if failing to
delay would result in application of the mid-quarter convention.

Accordingly, if the third quarter of the taxpayer's 2001 taxable year includes
September 11, 2001, then the taxpayer may elect to apply the half-year convention to
all property (other than property described in § 168(d)(2)) placed in service during the
taxpayer's 2001 taxable year for purposes of § 168(d).

To make the election under this notice, a taxpayer must write "Election Pursuant
to Notice 2001- 70" across the top of its Form 4562, Depreciation and Amortization, for
the taxpayer's taxable year that includes September 11, 2001.

Treasury and the Service intend to amend the regulations under § 168 to
incorporate the guidance set forth in this notice. Until the regulations are amended,
taxpayers may rely on the guidance set forth in this notice.

The principal author of this notice is Bernard P. Harvey of the Office of Associate
Chief Counsel, Passthroughs and Special Industries. For further information regarding
this notice contact Mr. Harvey on (202) 622-3110 (not a toll-free call).