- 19 - 1.167(b)-0(a), Income Tax Regs. The taxpayer need only make a reasonable approximation of the useful life of an asset that bears a reasonable relationship to the taxpayer’s business practice; absolute certainty is not required. Ames v. Commissioner, 626 F.2d 693, 695-696 (9th Cir. 1980), affg. T.C. Memo. 1977-249; Banc One Corp. v. Commissioner, 84 T.C. 476, 499 (1985), affd. without published opinion 815 F.2d 75 (6th Cir. 1987). The useful life, not the physical life, is relevant. Ames v. Commissioner, supra at 695-696; Elec. & Neon, Inc. v. Commissioner, 56 T.C. 1324, 1334 (1971), affd. without published opinion 496 F.2d 876 (5th Cir. 1974). The useful life of an asset has been defined as the “period for which it may reasonably be expected to be employed in the taxpayer’s business.” Massey Motors, Inc. v. United States, 364 U.S. 92, 107 (1960); Hertz Corp. v. United States, 364 U.S. 122, 124 (1960); see also sec. 1.167(a)-1(b), Income Tax Regs. In petitioner’s business, the useful life of an item begins when the item is placed in service and ends when the item is withdrawn from service, regardless of the physical condition of the item. “[T]he determination of the useful life of an asset and the other estimates utilized in computing depreciation must be based upon facts existing as of the close of the taxable year in issue.” Banc One Corp. v. Commissioner, supra at 499-500; see also sec. 1.167(b)-0(a), Income Tax Regs. Some factors toPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011