Federal Home Loan Mortgage Corporation - Page 22

                                       - 22 -                                         
          of determining both gain and loss.  Also, unlike our situation,             
          Congress expressed its intent in the conference reports                     
          accompanying those enactments that the fair market value basis              
          was not to be used for purposes of determining depreciation or              
          for other purposes.  See H. Conf. Rept. 99-841 (Vol. II), at II-            
          349 to II-350 (1986), 1986-3 C.B. (Vol. 4) 1, 349-350; H. Conf.             
          Rept. 105-220, at 566-567 (1997), 1997-4 C.B. (Vol. 2) 1457,                
          2036-2037.  We cannot discern what considerations went into                 
          enacting different basis rules in these enactments or the                   
          statements in the conference reports.  However, those rules are             
          confined to the particular taxable entities involved.                       
               Respondent also argues that Congress did not intend to                 
          provide a basis for the amortization of petitioner’s intangible             
          assets different from the regular adjusted cost basis determined            
          under sections 1011, 1012, and 1016, because Congress explicitly            
          reaffirmed the application of the regular adjusted basis rules in           
          DEFRA section 177(d)(5).  DEFRA section 177(d)(5) provides:  “For           
          purposes of this subsection, the adjusted basis of any asset                
          shall be determined under part II of subchapter O of the Internal           
          Revenue Code of 1954.”  Accepting respondent’s position with                
          respect to DEFRA section 177(d)(5) would seemingly nullify the              
          specific adjusted basis rules provided in DEFRA section                     
          177(d)(2)(A) and (B).  We do not read this provision as                     
          respondent does.  Instead, as we explain in greater detail below,           






Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: May 25, 2011