- 12 - section 10166 (i.e., the regular adjusted cost basis), for purposes of determining gain or loss. Section 1011 does not specify any alternative basis rules besides those contained in other sections of subchapters C, K, O, and P of the Code, which are not applicable to the instant cases. DEFRA section 177(d)(2), which has not been codified, is not specifically referenced in section 1011. Nevertheless, DEFRA section 177(d)(2)(A) specifically provides the rules for determining adjusted basis in property held on January 1, 1985, when determining petitioner’s gain on the sale or other disposition of such property. Thus, as to petitioner, the specific basis rules contained in DEFRA section 177(d)(2)(A) replace the regular adjusted cost basis rules contained in sections 1011 through 1023 of the Code. Since section 167(g) requires that the adjusted basis for determining gain be used as the adjusted basis for amortizing intangibles, it is logical to conclude that petitioner must use the specific adjusted basis determined under DEFRA section 177(d)(2)(A)(ii) to amortize any intangibles it might have held on January 1, 1985. 6Sec. 1016 provides adjustments to basis; e.g., for expenditures, receipts, losses, or other items, properly chargeable to capital account and for exhaustion, wear and tear, obsolescence, amortization, and depletion to the extent of the amount allowed (but not less than the amount allowable) as deductions in computing taxable income. Sec. 1016(a)(1) and (2).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011