Federal Home Loan Mortgage Corporation - Page 24

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          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.                                                           




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Last modified: May 25, 2011