Prudential Overall Supply - Page 19




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          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          and ends when the item is withdrawn from service, regardless of             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 to                  






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