- 2 - acquisition costs incurred in that year, after the underlying asset had been fully amortized. Arrowsmith v. Commissioner, 344 U.S. 6 (1952) and sec. 1.338(b)- 3T, Temporary Income Tax Regs., 51 Fed. Reg. 3592 (Jan. 29, 1986), applied. James L. Malone III, for petitioner. Lawrence K. Letkewicz and Jan E. Lamartine, for respondent. OPINION NIMS, Judge: This matter is before the Court on petitioner's motion and respondent's cross-motion for partial summary judgment filed pursuant to Rule 121 on July 26, 1996, and November 8, 1996, respectively. Petitioner moves for partial summary judgment in its favor, arguing that it is entitled to deduct contingent acquisition costs incurred after the asset to which they pertain has been completely amortized. Respondent objects to petitioner's motion and also moves for partial summary judgment in her favor, arguing in part that the expiration of the useful life of the asset bars any further cost recovery by petitioner. For the reasons detailed below, we shall grant petitioner's motion, and deny respondent's cross-motion for partial summary judgment. Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure. All section references are to sections of the Internal Revenue Code in effect as of the date of the initial transaction underlying the dispute.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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