- 24 - amortization over the remaining life of the lease." Steinway & Sons v. Commissioner, 46 T.C. 375, 381 (1966); sec. 1.162-11(a), Income Tax Regs. It is clear, however, that the taxpayer must have incurred some cost, by an outlay of consideration, as a necessary prerequisite to the allowance of the deductions. A leasehold is an intangible asset that is gradually exhausted by the passage of time. Its cost is recoverable ratably by way of amortization deductions over the period of exhaustion in the same manner that costs of tangible assets are recoverable by way of depreciation deductions. Of course, the amortization deductions are in addition to those for rent required to be paid under the lease. See Washington Package Store, Inc. v. Commissioner, T.C. Memo. 1964-294. We turn now to petitioner's principal argument that a portion of the acquisition price is allocable to the Superdome leasehold due to what petitioner refers to as "mutual conditionality" between section 5.02 of the Sales Contract and section K of the Revised Lease. Petitioner argues that the "operative instruments [the Sales Contract and the Revised Lease] wove the enhanced stadium lease into the fabric of the sale." And, as such, petitioner further argues that it "was not liable for the purchase price unless it received the Revised Lease, and was entitled to the Revised Lease only if it paid the purchase price." Accordingly, petitioner's argument concludes, the conditions set forth in section 5.02 of the Sales Contract andPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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