Federal Home Loan Mortgage Corporation - Page 16

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          for purposes of determining petitioner’s adjusted basis in                  
          tangible depreciable property.  That exception is contained in              
          DEFRA section 177(d)(2)(B) and provides:                                    
                    (B) Special Rule for Tangible Depreciable                         
               Property.--In the case of any tangible property which--                
                    (i) is of a character subject to the allowance for                
               depreciation provided by section 167 of the Internal                   
               Revenue Code of 1954, and                                              
                    (ii) is held by the Federal Home Loan Mortgage                    
               Corporation on January 1, 1985,                                        
               the adjusted basis of such property shall be equal to                  
               the lesser of the basis of such property or the fair                   
               market value of such property as of such date.                         
          The conference report accompanying this legislation states with             
          respect to this exception:                                                  
                    The conference agreement follows the rules of the                 
               Senate amendment regarding the basis of Freddie Mac                    
               assets held by the corporation on January 1, 1985.                     
               However, the conference agreement provides an exception                
               to these general rules in the case of tangible                         
               depreciable property held by Freddie Mac on January 1,                 
               1985.  For such property, the adjusted basis, for                      
               purposes of both gain or loss, is to be equal to the                   
               lesser of (1) the regular adjusted basis of the                        
               property in the hands of Freddie Mac, or (2) the fair                  
               market value of the property as of January 1, 1985.                    
               This rule is primarily intended to prevent Freddie Mac                 
               from claiming deductions based on pre-1985 depreciation                
               of tangible property (e.g., buildings or office                        
               equipment) held by the corporation as of the date of                   
               taxability.  [H. Conf. Rept. 98-861, supra at 1039-                    
               1040, 1984-3 C.B. (Vol. 2) at 293-294.]                                
          In enacting this exception, Congress contemplated and explicitly            
          separated tangible depreciable property from other property,                
          including intangibles, that petitioner held on January 1, 1985.             






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Last modified: May 25, 2011