Bill L. and Patricia M. Spencer - Page 51

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          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 unanticipated                





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