Federal Home Loan Mortgage Corporation - Page 25

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               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).                                    




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Last modified: May 25, 2011