Union Carbide Foreign Sales Corporation, et al. - Page 14




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          factor shows that section 167(c)(2) applies only where the lease             
          is to continue.                                                              
               Respondent correctly points out that the example and                    
          discussion of continuing leases does not “expressly condition the            
          application of section 167(c)(2) on the acquisition of a                     
          continuing ‘interest of a lessor under a lease of tangible                   
          property.’”  In the context of the commentary and the example, we            
          agree with respondent that it was not intended to limit the                  
          application to a particular type of transaction set forth in the             
          example.  Although the example discusses a lease that continues              
          beyond the time of acquisition, it is clear that the example is              
          not intended to be all-inclusive.  More particularly, the                    
          statutory language could easily apply to leases that terminate               
          upon or immediately after acquisition and/or leases that continue            
          beyond acquisition of the leased asset.  Accordingly, the                    
          legislative history does not provide definitive guidance or a                
          direct answer to our inquiry of whether section 167(c)(2) applies            
          only to a situation where a lease is to continue in futuro.  The             
          commentary and the example do make it absolutely clear, however,             
          that all costs were intended to be allocated to the depreciable              
          tangible property.                                                           
               Petitioner also points out that one of the purposes for                 
          enacting section 167(c)(2) was to deal with a specific                       
          controversy between lessor/taxpayers and the Internal Revenue                






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