Union Carbide Foreign Sales Corporation, et al. - Page 2




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               terminating a burdensome lease.  R contends that sec.                   
               167(c)(2), I.R.C., enacted in 1993, requires that the                   
               acquisition cost must be allocated solely to the                        
               acquired tangible capital asset.  P contends that the                   
               holding of Cleveland Allerton Hotel, Inc. permits the                   
               allocation.                                                             
                    Held:  Sec. 167(c)(2), I.R.C., interpreted to                      
               prohibit allocation of any portion of the asset                         
               acquisition cost to a deduction for P’s termination of                  
               a burdensome lease.                                                     


               Harold J Heltzer, Philip F. McGovern, Jerry L. Robinson, and            
          Howard Mark Weinman, for petitioners.                                        
               Steven R. Winningham, Joseph F. Long, Carmino J.                        
          Santaniello, S. Katy Lin, and Robin L. Peacock, for respondent.              


                                       OPINION                                         
               GERBER, Judge:  Respondent moved for partial summary                    
          judgment on the legal question of whether section 167(c)(2)2                 
          applies to petitioner’s3 acquisition of ownership of a previously            
          leased oceangoing vessel.  Respondent contends that section                  
          167(c)(2) would require petitioner to allocate to the depreciable            
          asset all of its cost and, further, that petitioner was not                  
          entitled to allocate a portion of the cost to a deduction for                


               2 Unless otherwise indicated, section references are to the             
          Internal Revenue Code in effect for the periods under                        
          consideration, and Rule references are to the Tax Court Rules of             
          Practice and Procedure.                                                      
               3 References to “petitioner” in this group of related and               
          consolidated cases refers to Union Carbide Corp., petitioner in              
          docket Nos. 14643-97 and 11119-99.                                           





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