- 49 - 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.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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