- 48 - 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.Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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