- 16 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011