- 22 - pay and the difference is attributable to the lease cancellation. Petitioner’s characterization is no different from the arguments that have been made in several cases considered by this and other courts prior to the enactment of section 167(c)(2). Except for the holding in one circuit, courts have not permitted a lessee’s allocation of a portion of the acquisition cost of a leased capital asset to the cancellation of a burdensome lease in order to permit a business deduction under section 162. The Supreme Court, the Court of Appeals for the Second Circuit, and this Court have all reasoned that the value attributable to the lease’s income stream represents value that a third-party buyer would be required to pay the seller for the leased asset. As pointed out above, no seller would part with a leased asset without receiving value for the income attributable to the lease. Using that rationale, the Supreme Court approved the Court of Appeals for the Second Circuit’s approach of allowing the acquisition cost (including the portion attributable to the value of the lease) to be made part of the acquired asset’s depreciable basis. Petitioner’s argument was addressed about 40 years ago in two seminal cases: Cleveland Allerton Hotel, Inc. v. Commissioner, 166 F.2d 805 (6th Cir. 1948), revg. a Memorandum Opinion of this Court dated May 7, 1947, and Millinery Ctr. Bldg.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011