CGF Industries, Inc. and Subsidiaries - Page 26




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          attempted to create amortization deductions by impermissibly                
          splitting nondepreciable assets; namely, partnership interests in           
          newly created partnerships.  Petitioners counter that the sub-              
          stance of the transactions coincides with its form in that they             
          and the Family Trusts separately acquired their respective term             
          and remainder interests with separate funds.                                
               As a general rule, a taxpayer who purchases a term interest            
          in property which is used in a trade or business or held for the            
          production of income is entitled to deduct ratably the cost of              
          that interest over its expected life.13  See, e.g., Early v.                
          Commissioner, 445 F.2d 166, 169 (5th Cir. 1971), revg. on another           
          ground 52 T.C. 560 (1969); Manufacturers Hanover Trust Co. v.               
          Commissioner, 431 F.2d 664 (2d Cir. 1970), affg. T.C. Memo. 1969-           
          132; 1220 Realty Co. v. Commissioner, 322 F.2d 495, 498 (6th Cir.           
          1963), affg. in part and revg. in part T.C. Memo. 1962-67.  This            
          principle applies even though the property underlying the term              
          interest is not depreciable.  See, e.g., Early v. Commissioner,             
          supra; Manufacturers Hanover Trust Co. v. Commissioner, supra;              
          1220 Realty Co. v. Commissioner, supra; Elrick v. Commissioner,             
          56 T.C. 903 (1971), revd. on another ground 485 F.2d 1049 (D.C.             
          Cir. 1973).  It is also clear that, where a taxpayer, without               


               13An exception to the general rule is sec. 167(e) (as                  
          amended and in effect currently), which prohibits a taxpayer from           
          amortizing a term interest where a related person holds the                 
          remainder interest.  This section, however, applies only to term            
          interests acquired or created after July 27, 1989.  Since peti-             
          tioners' term interests were created before that date, sec.                 
          167(e) is inapplicable to the present cases.                                

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