Bill L. and Patricia M. Spencer - Page 42

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               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...)           




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