Bill L. and Patricia M. Spencer - Page 44

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          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.                     




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