- 44 - the estimated salvage value as of the end of the useful life. There is no salvage value for the acquired contract rights, and the parties have stipulated the estimated useful life to be 15 years for termite contracts and 10 years for pest control contracts. Accordingly, the only element remaining to be decided in the instant case is the proper adjusted bases of the acquired contract rights for purposes of amortization. The basis on which amortization is to be allowed is defined as the adjusted basis provided in section 1011 for determining the gain on the sale or other disposition of the property. Sec. 167(g).32 Pursuant to section 1011(a), the adjusted basis for determining the gain or loss from the sale or other disposition of property is the cost of the property determined under section 1012 (with certain exceptions not material here) adjusted as provided in section 1016. Section 1016(a)(2) provides, in effect, that the basis of the property shall be adjusted by the amount of any amortization previously allowed, but not less than the amount allowable, with respect to the property. Amortization "allowed" is the amount actually deducted by the taxpayer and not challenged by the Commissioner. Virginian Hotel Corp. v. Helvering, 319 U.S. 523, 527 (1943). Consequently, the greater of the amount allowed or allowable in a prior tax year reduces 32 Sec. 167(g) was redesignated as sec. 167(c) by OBRA-90, Pub. L. 101-508, sec. 11812(a)(1), 104 Stat. 1388, 1388-534.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
Last modified: May 25, 2011