Federal Home Loan Mortgage Corporation - Page 13

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          its first taxable year commencing January 1, 1985, and that                 
          thereafter it consistently accounted for its accrued interest               
          from the date of the acquisition of the mortgages until the                 
          foreclosures on the underlying real estate.  Petitioner argues:             
                    It is long established law that when an entity                    
               becomes taxable for the first time, its adjusted cost                  
               basis in its assets, as of the date on which it becomes                
               subject to federal income tax must be determined by                    
               reference to events that occurred during the pre-                      
               taxable period, using consistently the tax accounting                  
               method adopted by the taxpayer. * * *                                  
               We might agree that petitioner’s argument is correct in                
          certain specific circumstances;10 however, we cannot agree that             
          petitioner’s supposition merits recognition as a rule of general            
          application.  In the instant cases, we are dealing with a                   
          regulatory provision which requires that accrued, but unpaid,               
          interest be returned as income as a condition precedent to the              
          inclusion of that interest amount in the taxpayer’s regular                 
          adjusted cost basis.  Petitioner has not returned its accrued               
          interest as income for taxable years before January 1, 1985; it             
          does not meet the requirement stated in section 1.166-6(a)(2),              



               10See, e.g., sec. 1016(a)(3) (providing an adjustment for              
          previously tax-exempt individuals or organizations for                      
          exhaustion, wear and tear, obsolescence, amortization, and                  
          depletion, to the extent sustained for any period in which such             
          individuals or organizations were not subject to taxation); Fed.            
          Home Loan Mortgage Corp. v. Commissioner, 121 T.C. 128 (Sept. 4,            
          2003).  Sec. 1.166-6(a)(2), Income Tax Regs., provides no                   
          comparable adjustment to regular adjusted cost basis for interest           
          which accrued during a period in which a taxpayer was tax exempt.           





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