- 27 - 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.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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