- 23 - allowed to recompute the bases of the disposed properties to restore amounts for the portion of the suspended PAL's attributable to depreciation (and then recalculate the gain or loss realized from the dispositions). According to petitioner, the reductions in basis for depreciation should not have been taken because the depreciation deductions were neither "allowed" nor "allowable". Respondent's position is that the depreciation deductions were allowable; it was the PAL's that were disallowed. To a substantial degree, petitioner's alternative argument is premised upon the assumption that we would hold that the suspended PAL's are lost as a result of the subchapter S election, an assumption which has proved to be erroneous. However, petitioner's arguments suggest that they should also apply even if the suspended PAL's are held to remain available for future use. Consequently, we shall discuss petitioner's alternative position. Taxpayers are required to reduce the basis of property for depreciation by the greater of (1) the amount allowed as deductions in computing taxable income and resulting in a reduction for any taxable year of the taxpayer's taxes or (2) the amount allowable as deductions in computing taxable income whether or not the amount properly allowable would have caused a reduction for any taxable year of the taxpayer's taxes. Sec. 1016(a)(2); sec. 1.1016-3(a)(1)(i) and (b), Income Tax Regs. "'Allowable deduction' generally refers to a deduction whichPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011