Union Carbide Foreign Sales Corporation, et al. - Page 8




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          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.                                                               





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