Federal Home Loan Mortgage Corporation - Page 17

                                       - 17 -                                         
          Congress recognized that DEFRA section 177(d)(2)(A)(ii) would               
          otherwise have provided the adjusted basis for the depreciation             
          (or amortization) of all property under section 167(g).  Since              
          the special rule of DEFRA section 177(d)(2)(B) applies only to              
          tangible depreciable property, it follows that DEFRA section                
          177(d)(2)(A)(ii) provides the adjusted basis for the amortization           
          of all assets other than tangible depreciable property.  It also            
          follows that any amortizable intangibles that petitioner held on            
          January 1, 1985, are to be amortized using the basis rule                   
          provided in DEFRA section 177(d)(2)(A)(ii).                                 
               Respondent contends that Congress did not provide a special            
          exception similar to the exception contained in DEFRA section               
          177(d)(2)(B) for intangibles, because Congress was not aware that           
          petitioner held any of the alleged intangibles at the time of the           
          enactment of DEFRA.  He points out that, since its inception,               
          petitioner has been required by statute to provide its financial            
          statements to Congress, and petitioner has not reported any of              
          the alleged intangibles as assets on its books or on any                    
          financial statement.  He speculates that while Congress would               
          have been aware of petitioner’s tangible depreciable properties             
          from a review of the financial statements, and this might explain           
          why Congress explicitly provided basis rules for depreciation of            
          those properties in DEFRA section 177(d)(2)(B), Congress would              
          not have been aware of any intangibles since none were apparently           






Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011