Federal Home Loan Mortgage Corporation - Page 27

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          B.T.A. 355 (1925); Atterbury v. Commissioner, 1 B.T.A. 169                  
          (1924).                                                                     
               Respondent argues that petitioner’s claimed amortization of            
          its alleged intangibles at their fair market values as of January           
          1, 1985, is “precisely contrary to the stated intent of the dual            
          basis rule.  This rule was explicitly intended to avoid taking              
          pre-1985 appreciation into account for tax purposes; by                     
          amortizing FMVs, petitioner would take such pre-1985 appreciation           
          into account.”  We disagree.  Taking amortization deductions                
          using a fair market value basis does not, in our view, thwart the           
          congressional purpose stated in the legislative history.  Indeed,           
          as petitioner suggests, recovering pre-1985 appreciation through            
          amortization assures that pre-1985 appreciation will not be taxed           
          in much the same way as a recovery of basis does when it is used            
          as an offset to gain in the sale or other disposition of the                
          property.17                                                                 




               16(...continued)                                                       
               adjustment from March 1, 1913, to February 28, 1954, in                
               the aggregate of $86,100 (41 years @ $2,100), leaving                  
               an adjusted basis for determining gain of $8,400                       
               ($94,500 less $86,100).                                                
               17We recognize that Congress provided a different rule with            
          respect to tangible depreciable property.  Congress did not                 
          express any similar concern with respect to any intangible                  
          property that petitioner might have held on Jan. 1, 1985.                   
          Congress could have provided a similar rule for intangible                  
          property, but did not.                                                      




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