- 47 - 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. * * * The standard for deciding whether an intangible is depreciable under section 167 was enunciated in Newark Morning Ledger Co. v. United States, 507 U.S. 546, 566 (1993), as follows: a taxpayer [must] prove with reasonable accuracy that an asset used in the trade or business or held for the production of income has a value that wastes over an ascertainable period of time * * * The availability of a depreciation deduction is primarily a question of fact, id. at 560, on which the taxpayer bears the burden of proof. Id. at 566. Petitioner contends (in the alternative) that the expenditures it incurred in launching the RIC's should be amortized over an average useful life of 2.2 years. Petitioner argues that the recovery period of 2.2 years is determined by the average life of initial investments in a new RIC and is similar to the recovery of bank acquisition expenditures allocable to the deposits in the acquired bank over the period in which these deposits can be shown to decline in value to the acquirer. See Citizens & S. Corp. v. Commissioner, 91 T.C. 463 (1988), affd. 919 F.2d 1492 (11th Cir. 1990).Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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