Union Carbide Foreign Sales Corporation, et al. - Page 28





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          Therefore, the existing case law and statutory provision are                 
          generally in harmony.  It may also be fair to say that Congress              
          was aware of the Supreme Court’s holding in Millinery Ctr. Bldg.             
          Corp. v. Commissioner, supra, when it enacted section 167(c)(2)              
          for leases as part of a larger statutory package intended to                 
          result in uniform treatment for intangibles.                                 
               We note that allocation of the acquisition cost of a leased             
          asset under section 167(c)(2) operates irrespective of whether it            
          would have been more or less beneficial to the taxpayer to                   
          allocate otherwise.  In petitioner’s situation, it obviously                 
          would be more beneficial if 87 percent of the acquisition payment            
          for the vessel was currently deductible as a business expense                
          incurred to terminate a burdensome lease.  We can think of no                
          reason why petitioner, as a lessee, should be treated any                    
          differently from a nonlessee/taxpayer who acquires a leased                  
          asset.  In that regard, petitioner has not provided any                      
          persuasive evidence showing that Congress intended to exclude the            
          acquisition of a leased capital asset by the lessee.  Nor has it             
          shown that Congress intended that the lessees should be allowed              
          to allocate a portion of the acquisition cost of an asset to a               
          lease and that lessors should not be so entitled.                            
               In summary, petitioner has not shown that there is any                  
          reason to read section 167(c)(2) to exclude transactions where a             
          lessee purchases the leased asset or to read the statute as                  






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