- 29 - the interpretation of a particular statute, as well as its interplay with the regular adjusted basis rules in the Code. Second, it would be inappropriate to speculate on the factors that were considered in making such “estimates”.19 See Fort Howard Corp. v. Commissioner, 103 T.C. 345, 364 (1994) (revenue estimates have little relevance in interpreting a statute). Respondent also claims that “with respect to the dual basis rule provided in * * * [DEFRA] � 177(d)(2)(A), it is not possible to know which basis rule applies until such time that the asset is disposed of and the sales price is known.” He contends that the basis to be used for purposes of determining any gain “depends entirely on the amount of the sale as well as the fact of the sale”, since “Until petitioner’s Intangibles are sold or disposed of, and the sales proceeds are known, it will not be known whether there will be any ‘gain’ at all for purposes of * * * [DEFRA] � 177(d)(2)(A)(ii).” Petitioner’s basis for amortization is not dependent upon whether the particular property is sold or disposed of or upon the amount realized in that transaction. Indeed, if respondent’s argument is correct, the same logic would apply in all cases where Congress has provided a dual-basis rule for determining 19We point out that we have not yet decided, in these proceedings, the appropriate amount of any deductions to which petitioner is entitled, and, indeed, whether its alleged intangibles are subject to amortization for tax purposes.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