- 21 - Attached to SPC-FL's 1990 Form 1120S was Form 859419 (Asset Acquisition Statement Under Section 1060). That Form 8594 reports a sale of Class III assets20 by SSI to SPC-FL in exchange for consideration of $1,150,000 on August 8, 1990. Mr. Spencer signed and reviewed SPC-FL's 1990 Federal income tax return. Amortization Upon acquisition of the assets from the SPC-SC shareholders and the SPC-FL shareholders, SPC-SC and SPC-FL, respectively, claimed amortization deductions for the intangible contract rights based on 100 percent of their purchase price. No amounts were allocated to goodwill or other nonamortizable assets. Initially, respondent disallowed the claimed amortization deductions in their entirety. Respondent's adjustment transformed the ordinary losses reported by SPC-SC and SPC-FL 19 Form 8594 is used to report information concerning the amount of consideration transferred in an "applicable asset acquisition" and its allocation among the assets transferred. Sec. 1.1060-1T(h), Temporary Income Tax Regs., 53 Fed. Reg. 27042 (July 18, 1988). The term "applicable asset acquisition" is defined to mean any transfer (whether directly or indirectly) (1) of assets which constitute a trade or business, and (2) with respect to which the transferee's basis in such assets is determined wholly by reference to the consideration paid for such assets. Sec. 1060(c). 20 "Class III assets are all assets (other than Class I, II, and IV assets), both tangible and intangible * * * including furniture and fixtures, land, buildings, equipment, accounts receivable, and covenants not to compete." Sec. 1.1060- 1T(d)(2)(ii), Temporary Income Tax Regs., 53 Fed. Reg. 27040 (July 18, 1988).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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