- 8 - pleadings, exhibits, transcript of argument, and affidavits contain the facts and information used for the purpose of ruling on the motion herein. B. Analysis of Section 167(c)(2). Section 167(c)(2) was enacted as section 13261(b)(2) of the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, 107 Stat. 532. It was part of a larger package of provisions aimed at the treatment of intangibles that was enacted in section 197.9 Under the regimen of section 197, various intangibles are identified, categorized, and subjected to uniform tax treatment. As part of this larger package of rules, section 167(c)(2) was enacted to specifically exclude leasehold interests, including subleases, from the effect of section 197. Even though leases were removed from the effect of section 197, by enacting section 167(c)(2) Congress intended uniform treatment for all situations where a tangible asset was “acquired subject to a lease”. In that regard, section 167(c)(2) is designed to prevent taxpayers from allocating any of the cost of acquiring tangible property to 9 Prior to the enactment of sec. 197, depreciation or amortization of intangibles was governed by sec. 1.167(a)–(3), Income Tax Regs., and was a source of considerable controversy between taxpayers and the Internal Revenue Service. See Staff of Joint Comm. on Taxation, Technical Explanation of the Tax Simplification Act of 1993 (J. Comm. Print 1993), Title V, Treatment of Intangibles, Amortization of goodwill and certain other intangibles (sec. 501 of the bill and new sec. 197 of the Code), at 147.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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