Bill L. and Patricia M. Spencer - Page 49

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          constructed at a cost of $578,030 based on a 3-year useful life.            
          Subsequently, the Internal Revenue Service disallowed part of the           
          taxpayer's depreciation deductions claiming that the buildings              
          had either (1) a useful life of 40 years with no salvage value,             
          or (2) a useful life of 3 years with a salvage value of $389,375.           
          The District Court subsequently determined that the buildings had           
          a useful life of 10 years with no salvage value.  The parties               
          could not agree on the proper method of computing the allowable             
          depreciation deduction for the 10-year period.  The Court of                
          Appeals for the Tenth Circuit set forth the appropriate procedure           
          for determining subsequent allowable depreciation when assets               
          have previously been excessively depreciated as follows:                    
               If at any time before property is discarded it develops                
               that its useful life has been inaccurately estimated,                  
               depreciation should not be modified for prior years,                   
               but the remainder of the cost, or other basis not                      
               already provided for through a depreciation reserve or                 
               deducted from book value, should be spread ratably over                
               the estimated remaining life of the property, and                      
               depreciation deductions taken accordingly.                             
          Id. at 1170; see also Cohn v. United States, 259 F.2d 371, 377-             
          378 (6th Cir. 1958) (upon redetermination of the useful life,               
          depreciation is not modified for prior years, but the remaining             
          depreciated cost is spread ratably over the new estimated                   
          remaining useful life and depreciation deductions taken                     
          accordingly for the current and succeeding years).  We conclude             
          that the same logic should apply where a property's basis for               
          amortization is redetermined.                                               




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