Federal Home Loan Mortgage Corporation - Page 15

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          the regular adjusted basis rules and any special adjusted basis             
          rules, including DEFRA section 177(d)(2).                                   
               Even if the “internal revenue laws” language in the                    
          regulation refers only to adjustments to initial cost or other              
          basis, we fail to see how this forecloses any reference to DEFRA            
          section 177(d)(2).  In our view, DEFRA section 177(d)(2) is in              
          effect an adjustment to cost basis.9  Section 1.1011-1, Income              
          Tax Regs., reflects such an interpretation.  A reasonable                   
          interpretation of adjusted basis under section 1011 incorporates            
          any internal revenue laws which provide for a specific adjusted             
          basis for purposes of determining gain or loss.  DEFRA section              
          177(d)(2)(A) is an internal revenue law, which specifically                 
          provides the adjusted basis for purposes of determining any gain            
          from the sale or other disposition of property held by petitioner           
          on January 1, 1985.  Section 167(g) requires the use of this                
          adjusted basis for purposes of amortizing petitioner’s alleged              
          intangibles.                                                                
               It also appears that Congress contemplated this result under           
          section 167(g) when it provided an exception in DEFRA section 177           


               9Respondent claims that “The plain language of the dual                
          basis rule provides for no such alternatives to � 1016, 1017 or             
          1018 for the purpose of making basis adjustments.  Thus, nothing            
          in * * * [DEFRA] � 177(d) triggers the ‘as otherwise specifically           
          provided’ clause of the regulation for any purpose.”  However,              
          DEFRA sec. 177(d)(2) refers to an “adjusted basis” and not an               
          unadjusted basis.  An adjusted basis presupposes that the                   
          appropriate adjustments have either been made or incorporated.              




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