- 42 - The parties agree that the acquired contract rights must be amortized using the straight line method.31 Under 30(...continued) enactment. 31 Numerous obsolete provisions in sec. 167 were eliminated by the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), effective for property placed into service after Nov. 5, 1990 (the effective date). OBRA-90, Pub. L. 101-508, sec. 11812(a), 104 Stat. 1388, 1388-534. Specifically, sec. 167(b) was rewritten and sec. 167(c) was stricken. OBRA-90, sec. 11812(a). The legislative history, however, indicates that such changes were “not intended to change in any respect the present-law rules relating to the allowable methods of depreciation." H. Rept. 101-894, at 36 (1990). Pre-OBRA-90, sec. 167(b) and (c) provides the allowable method of depreciation for the assets in issue in the instant case because they were placed into service prior to the effective date of the amendments made by OBRA-90. Prior to OBRA-90, pursuant to sec. 167(b) and 167(c), the cost of intangible property was recovered using the straight line method of depreciation. Former sec. 167(b) and (c) read as follows: (b) Use of Certain Methods and Rates.--For taxable years ending after December 31, 1953, the term "reasonable allowance" as used in * * * [section 167(a)] shall include (but shall not be limited to) an allowance computed in accordance with regulations prescribed by the Secretary, under any of the following methods: (1) the straight line method, (2) the declining balance method, using a rate not exceeding twice the rate which would have been used had the annual allowance been computed under the method described in paragraph (1), (3) the sum of the years-digits method, and (4) any other consistent method productive of an annual allowance which, when added to all allowances for the period commencing with the taxpayer's use of the property and including (continued...)Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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