- 19 - success in only one circuit and has not met with success in this Court, the Court of Appeals for the Second Circuit, and the Supreme Court.14 Petitioner attempts to bolster its argument by referencing several cases where transactions were split or bifurcated to permit differing results with respect to each portion of the transaction. With one exception,15 the courts have not permitted a current deduction to terminate a burdensome lease where the lessee purchased the leased asset. There are cases permitting a current deduction for the cost of terminating a burdensome lease or contract obligation, but those cases do not involve the 13(...continued) because of the value of the stream of income attributable to the lease. In the factual setting of this case, the fair market value of the vessel (as opposed to the value without considering the existing lease) included the stream of rental income. Accordingly a willing seller would not have ignored the value attributable to the use of the vessel, especially where the lessee was obligated to pay for that use, irrespective of whether the lessee used the vessel. When petitioner acquired the vessel, it acquired the physical asset and the right to its use. Petitioner in attempting to attribute the majority of the acquisition cost to an expense for canceling the lease, ignores its ability to use or lease the vessel. Accordingly, it is difficult to reconcile petitioner’s approach to value. 14 To some extent the case law that predated the enactment of sec. 167(c)(2) is instructive in interpreting the statute. The very approach suggested by petitioner has been thoroughly considered by this and other courts. 15 The exception is to be found in Cleveland Allerton Hotel, Inc. v. Commissioner, 166 F.2d 805 (6th Cir. 1948), revg. a Memorandum Opinion of this Court dated May 7, 1947, which is discussed in detail later in this opinion.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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