- 24 - Respondent speculates that since section 1016(a)(3) provides a mechanism to account for amortization that may have occurred when petitioner was not subject to Federal income taxation, then: there would have been no reason for Congress to include some specially tailored provision in * * * [DEFRA] � 177 to account for any depreciation in petitioner’s assets that may have occurred before 1985, or after 1985; unless, of course, Congress chose to deviate from the statutory scheme already in place in the Code. * * * Congress did not so chose [sic] with respect to intangible assets, only tangible assets. We disagree with respondent’s interpretation of the interplay of DEFRA section 177(d)(2) and section 1016(a)(3). 13(...continued) during which the property was held by a person or organization not subject to income taxation under chapter 1 of the Code or prior income tax laws, * * * * * * * (b) The amount of the adjustments described in paragraph (a) of this section actually sustained is that amount charged off on the books of the taxpayer where such amount is considered by the Commissioner to be reasonable. Otherwise the amount actually sustained will be the amount that would have been allowable as a deduction: (1) During the period described in paragraph (a)(1) or (2) of this section, had the taxpayer been subject to income tax during those periods, * * * * * * * * * * In the case of a taxpayer subject to the adjustment required by subparagraph (1) or (2) of this paragraph, depreciation shall be determined by using the straight line method.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