Federal Home Loan Mortgage Corporation - Page 13

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               Respondent argues that section 167(g) refers to section 1011           
          and that section 1011 does not refer to the specific adjusted               
          basis rule of DEFRA section 177(d)(2)(A)(ii).  However, we point            
          out that DEFRA section 177(d)(2)(A)(ii) is a special transition             
          rule, which is applicable only to property held by petitioner as            
          of January 1, 1985, and which replaces section 1011 for purposes            
          of determining gain.  Under these circumstances, we are not                 
          inclined to read too much into the absence of a specific                    
          reference to DEFRA section 177(d)(2)(A)(ii) in section 1011 or in           
          the enumerated subchapters cited in section 1011.  Further, the             
          regulation interpreting section 1011(a) provides:                           
               The adjusted basis for determining the gain or loss                    
               from the sale or other disposition of property is the                  
               cost or other basis prescribed in section 1012 or other                
               applicable provisions of subtitle A of the Code,                       
               adjusted to the extent provided in sections 1016, 1017,                
               and 1018 or as otherwise specifically provided for                     
               under applicable provisions of internal revenue laws.                  
               [Sec. 1.1011-1, Income Tax Regs.; emphasis added.]                     
               The parties advance differing interpretations of the                   
          “internal revenue laws” language in section 1.1011-1, Income Tax            
          Regs.  Petitioner argues that this language should be read to               
          incorporate any internal revenue law which specifically provides            
          the adjusted basis for determining gain or loss from the sale or            
          other disposition of property.  Respondent contends that “It is             
          apparent” from the text of section 1011 “that alternatives to the           
          cost basis of � 1012 are confined to ‘this subchapter’                      
          (subchapter O) or elsewhere in the Code, namely, subchapters C, K           





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