- 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
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