- 8 - on January 1, 1985, as adjusted basis. The parties agree that there are no genuine issues of material fact relating to this legal question. Respondent assumes for purposes of this issue that at least some of petitioner’s claimed intangibles are amortizable for tax purposes. Arguments of the Parties Petitioner claims that the special basis rules of DEFRA section 177(d)(2) provide the adjusted basis for purposes of amortizing any intangibles that it held as of January 1, 1985. Petitioner contends that this result is required by the interaction of section 167(g) and DEFRA section 177(d)(2)(A). Thus, petitioner claims that it is entitled to amortize its alleged intangibles at their fair market value. Respondent argues that DEFRA section 177(d)(2) does not provide rules for determining the adjusted basis for amortization of petitioner’s intangibles but, instead, provides special basis rules solely for purposes of determining gain and loss from the sale or other disposition of property that petitioner held on January 1, 1985. He argues that petitioner’s adjusted basis for purposes of amortizing any intangibles that it might have held on that date is determined under the regular adjusted cost basis rules of the Code without reference to the special basis rules of DEFRA section 177(d)(2). Respondent contends that petitioner would have relatively little or no adjusted cost basis.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