- 15 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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