- 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 apparentlyPage: 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