- 25 - For purposes of determining any gain on the sale or other disposition of property (other than tangible depreciable property), DEFRA section 177(d)(2)(A)(ii) first requires a comparison between petitioner’s adjusted cost basis under the general rules and the fair market value of the property as of January 1, 1985. DEFRA section 177(d)(2)(A)(ii) mandates that for purposes of determining any gain, petitioner’s adjusted basis is the higher of the two. In order to make such a comparison, petitioner’s adjusted cost basis under the regular rules must first be determined. It is clear that this adjusted cost basis is determined under the regular adjusted basis rules of the Code (i.e., sections 1011-1023), which include section 1016(a)(3). Indeed, DEFRA section 177(d)(5) provides that “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.”14 It follows that, for purposes of the DEFRA section 177(d)(2)(A)(ii) comparison, the regular adjusted cost basis of any property held by petitioner would include a section 1016(a)(3) adjustment where appropriate to account for pre-1985 amortization sustained in petitioner’s intangibles. It also follows that the regular adjusted cost basis rules of the Code would apply for purposes of amortization allowed (or allowable) 14Part II of subch. O of the Code is entitled “Basis Rules of General Application” and consists of secs. 1011 through 1024 (renumbered as secs. 1011 through 1023).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