- 2 - generally based on cost. However, DEFRA sec. 177(d)(2)(A)(ii) modifies the application of sec. 1011, I.R.C., by providing specific rules for determining the adjusted basis of property held by P on Jan. 1, 1985. Under DEFRA sec. 177(d)(2)(A)(ii), the adjusted basis of any asset held by P on Jan. 1, 1985 (with the exception of tangible depreciable property) shall, for purposes of determining any gain, be equal to the higher of the regular adjusted cost basis as provided in sec. 1011, I.R.C., or the fair market value of such asset as of Jan. 1, 1985. P’s adjusted basis as of Jan. 1, 1985, for purposes of amortization, is the higher of the regular adjusted cost basis or fair market value on Jan. 1, 1985. Robert A. Rudnick, Stephen J. Marzen, James F. Warren, and Neil H. Koslowe, for petitioner. Gary D. Kallevang, for respondent. OPINION RUWE, Judge: Respondent determined deficiencies in petitioner’s Federal income taxes in docket No. 3941-99 for 1985 and 1986, as follows: Year Deficiency 1985 $36,623,695 1986 40,111,127 Petitioner claims overpayments of $9,604,085 for 1985 and $12,418,469 for 1986. Respondent determined deficiencies in petitioner’s Federal income taxes in docket No. 15626-99 for 1987, 1988, 1989, and 1990, as follows:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011