- 51 - estimated useful life or salvage value, but there have been excessive depreciation deductions allowed for taxable years now closed. Additionally, the regulation cited by petitioners, section 1.167(a)-1(b) and (c), Income Tax Regs., is inapposite to our decision because neither the estimated useful life nor the salvage value of the contract rights is in issue. Furthermore, neither regulation contemplates the effect on the annual amortization allowance where there has been an adjustment to the original amortizable basis. Petitioners' reliance on Fribourg Navigation Co. v. Commissioner, 383 U.S. 272 (1966), is misplaced. The Court in Fribourg considered whether the taxpayer was entitled to a depreciation deduction in the year of an unanticipated sale of an asset, prior to the end of its useful life, at a price exceeding its adjusted basis. In Fribourg, unforeseen circumstances created an acute shortage of cargo ships, and the taxpayer was able to sell his ship at a substantial gain. The Commissioner disallowed the depreciation deduction for the year of the sale, on the ground that the tremendous appreciation in value of the ship was inconsistent with any allowance for depreciation. In holding that the depreciation was allowable, the Supreme Court noted that depreciation of assets and the gain on the sale of assets are distinct concepts, and that such an unanticipatedPage: 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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