- 17 - million more than what its initial basis would have been if the Court had not excluded the present value of the assumed editorial costs," any additional deduction is unwarranted. However, respondent's argument misses the mark. As discussed earlier, we held that the tax basis of this intangible asset was $14,641,000 as of January 3, 1986 and was to be increased as fulfillment costs were thereafter incurred, through petitioner's TYE 1991. Id. at 455. What "would have been" if we had decided differently is irrelevant. Moreover, if we had determined in Meredith I that the editorial costs were not contingent subscriber expenditures, such that the "maximum" tax basis that respondent theorizes in fact applied, Meredith would have been entitled to amortize the entire amount of its editorial costs and associated tax savings through its TYE 1991 over the stipulated 42-month useful life of the asset. Id. at 445. The present controversy never would have materialized. In Meredith I, respondent inveighed against such a result and prevailed. Respondent cannot have it both ways. To reflect the foregoing, An appropriate order granting petitioner's motion for partial summary judgment and denying respondent'sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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