Bill L. and Patricia M. Spencer - Page 48

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          amortization allowed or allowable.  Rather, they dispute                    
          respondent's contention that the annual amortization deduction              
          (as opposed to the bases of the assets in question) should be               
          calculated on the adjusted bases as corrected.  What petitioners            
          fail to recognize, however, is that it is the adjusted bases of             
          the assets in question on which the annual amortization deduction           
          is calculated.  The statutory language is clear:  Only the                  
          adjusted basis of property at the beginning of any taxable year             
          is subject to depreciation in that year.  Secs. 167(g), 1011(a),            
          1016.  Not only is respondent's reduction of the intangible                 
          contracts' corrected amortizable bases by the greater of                    
          amortization allowed or allowable in accord with sections 167(g),           
          1011(a), and 1016(a)(2), but it fully complies with the straight            
          line method as defined in section 1.167(b)-1(a), Income Tax                 
          Regs., under which the allowance for amortization is computed               
          annually based on the adjusted basis of property at the beginning           
          of the taxable year.34                                                      
               Moreover, we find Kilgroe v. United States, 664 F.2d 1168              
          (10th Cir. 1981) instructive as to the proper method for                    
          calculating amortization for subsequent years where allowed                 
          amortization was excessive in prior years.  In Kilgroe, the                 
          taxpayer took depreciation deductions for certain buildings                 


          34   We note that petitioners do not challenge the validity of              
          sec. 1.167(b)-1(a), Income Tax Regs.                                        




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