Federal Home Loan Mortgage Corporation - Page 29

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          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.                   




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