- 14 - Intangibles. If an intangible asset is known from experience or other factors to be of use in the business or in the production of income for only a limited period, the length of which can be estimated with reasonable accuracy, such an intangible asset may be the subject of a depreciation allowance. Examples are patents and copyrights. An intangible asset, the useful life of which is not limited, is not subject to the allowance for depreciation. No allowance will be permitted merely because, in the unsupported opinion of the taxpayer, the intangible asset has a limited useful life. No deduction for depreciation is allowable with respect to goodwill * * * Thus, generally, if an intangible asset is shown to have an ascertainable value and a limited useful life which can be determined with reasonable accuracy, the depreciation allowance may be utilized. The "significant question for purposes of depreciation is * * * whether the asset is capable of being valued and whether that value diminishes over time." Newark Morning Ledger Co. v. United States, 507 U.S. 546, 566 (1993). Covenants not to compete and client lists may constitute amortizable intangible assets. See id.; Balthrope v. Commissioner, 356 F.2d 28, 31 (5th Cir. 1966); O'Dell & Co. v. Commissioner, 61 T.C. 461, 466 (1974); Wager v. Commissioner, 52 T.C. 416, 419 (1969); Levinson v. Commissioner, 45 T.C. 380, 389 (1966). In passing, we note that for intangibles acquired after August 10, 1993, section 197 allows a taxpayer to amortize the adjusted basis of the intangibles ratably over a 15-Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011