- 13 - acquired in connection with the acquisition of the tangible property is to be taken into account as part of the cost of the tangible property. For example, if a taxpayer acquires a shopping center that is leased to tenants operating retail stores, the portion (if any) of the purchase price of the shopping center that is attributable to the favorable attributes of the leases is to be taken into account as a part of the basis of the shopping center and is to be taken into account in determining the depreciation deduction allowed with respect to the shopping center. The cost of acquiring an interest as a lessee under an existing lease of tangible property is to be taken into account under present law (see section 178 of the Code and Treas. Reg. sec. 1.162-11(a)) rather than under the provisions of the bill. * * * [Fn. refs. omitted.10] H. Conf. Rept. 103-213, at 681-682 (1993), 1993-3 C.B. 393, 559- 560. Petitioner focuses on the use of the phrase “under an existing lease” in the first paragraph of the above-quoted commentary. The use of that terminology could refer either to a lease in existence at the time of the acquisition or to a lease that continues in existence. Petitioner links the use of that phrase to the legislative commentary and the single example that addresses circumstances where the lease would continue beyond the acquisition date. Petitioner would have us accept that this 10 Sec. 1.162-11(a), Income Tax Regs., similar to sec. 167(c)(2), requires the purchaser of a leasehold interest to amortize an annual aliquot part of the cost over the remaining term of the lease. As pertinent to this discussion, sec. 178 addresses lease renewal options as affecting the remaining term of a lease.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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